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Full text of "The Frasers of Philorth. [With plates, including portraits and facsimiles, and genealogical tables.]"

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Digitized by the Internet Archive 

in 2012 with funding from 

National Library of Scotland 



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ALEXANDER FRASER, I7 T ." LORD SALTOUN 



X 



THE 



FRASERS OF PHILORTH 



BY 



ALEXANDER FRASER 

OF PHILORTH 

SEVENTEENTH LORD SALTOUN 



IN THREE VOLUMES: VOLUME //. 






EDINBURGH— MDCCCLXXIX. 



Contents of Volume f^cconD. 



TITLE-PAGE. 



GENERAL TABLE OF CONTENTS, 



THE ABERNETHIES OF ABERNETHY AND OF SALTOUN, 

AND LORDS SALTOUN, ..... i 

APPENDIX OF CADET FAMILIES, .... 74 

The Frasers of Oliver Castle, ..... 74 

William Fraser, Bishop of St. Andrews, . . . 97 

The Frasers of Drumelzier, . . . . . 116 

The Frasers of Makarstoun, . . . . .120 

Unconnected Individuals of the Name of Fraser, . . 123 

Sir Andrew Fraser, Brother of Sir Alexander the Cham- 
berlain, . . . . . . .124 

Sir Simon Fraser, Brother of Sir Alexander the Cham- 
berlain, . . . . . . .125 

Simon Fraser, elder Son of Sir Simon Fraser, . . 130 

Alexander Fraser, younger Son of Sir Simon Fraser, . 131 

Duncan Fraser of Tulifour, . . . . . 132 

Sir James Fraser, Brother of Sir Alexander the Cham- 
berlain, and the Frasers of Frendraught, . . 135 



CADETS OF FAMILY OF COWIE, DURRIS, AND PHILORTH, 139 

The Frasers of Forglen and Ardendracht, . . . 139 

The Frasers of Durris, ...... 141 



11 



CONTENTS. 



The Frasers of Forest, ..... 

The Frasers of Memsie, ..... 

The Frasers of Techmuiry, .... 

The Frasers of Strichen (first Family of), 

John Fraser, Rector of the University of Paris, 1596, 

The Frasers of Quarrelbuss, 

The Frasers of Rathillock, 

The Frasers of Tyrie, 

The Frasers of Fraserfield, 

The Frasers of Lonmay, . 

The Frasers of Park, 

The Frasers of Broadland, 

The Frasers of Hospitalfield, 

ABERNETHY CADETS, 

THE FRASERS OF CORNETOUN, LORDS FRASER, 

THE FRASERS LORDS LOVAT, . 



PAGE 

145 

I46 
I46 
M7 
IS 

152 

'55 
J 55 
r 57 
iS7 

158 

•65 
167 



REMARKS ON BRUCE'S CAMPAIGNS during the Years 

1307-8, .... 1S3 

APPENDIX OF CHARTERS, etc., . . . . .195 

ABSTRACT OF CHARTERS IN APPENDIX, . . . 30S 



SEALS OF FRASERS AND FRASER CONNECTIONS, 



SIGNATURES OF FRASERS, ABERNETHIES, etc., 



328 
33i 



CONTENTS. 



ILLUSTRATIONS IN VOLUME SECOND. 

I.— PORTRAITS. 

PAGE 

Alexander Fraser, Seventeenth Lord Saltoun, . . Frontispiece 

Simon Fraser, Lord Lovat (1747), . . . between 180 and 181 



II.— CHARTERS, BUILDINGS, etc. 

The Round Tower of Abernethy, . . . . 6 and 7 

Letter from William Fraser, Bishop of St. Andrews, to King 

Edward the First, 7th October 1290, . . . 194 and 195 

Letters of Sale by William Fraser, Lord of Philorth, to William 
de Hay, Lord of Errol, of the Baronies of Cowie and Durris, 
10th October 1413, ...... 200 and 201 

Charter by Robert, Duke of Albany, Governor of Scotland, to 
William Hay of Errol, Constable of Scotland, of the lands of 
the Barony of Cowie, 14th May 1415, . . . 202 and 203 

Charter by James de Douglas, Lord of Abercorn and Aberdour, 
to William Fraser, of the lands of Over Pettouly, etc., 25th 
October 1408, ...... 220 and 221 

Charter by Walter de Lesley, Lord of Ross, to Andrew Mercer, 

of the lands of Faithlie, 1 8th August 1 38 1, . . . 236 and 237 

Confirmation of the immediately preceding Charter by King 
Robert the Second, 14th February, eleventh year of reign 
[1381], ... ... 238 and 239 

Charter by King David the Second to William de Abernethy, of 

the lands of Rothiemay, 22d November 1345. w . 296 and 297 



IV 



CONTENTS. 



Illustrations in Volume Second — continued. 



III.— ARMORIAL SEALS. Woodcuts of— 

Sir Alexander de Abernethy, 1292, 

Sir George Abernethy, Fourth of Saltoun, circa 1360, 

Alexander Abernethy, afterwards Fourth Lord Saltoun, ante 151 

Sir Simon Fraser, Filius, 1297, .... 

Banner of Sir Simon Fraser, Filius, 1300, 

William Fraser, Bishop of St. Andrews (1279-1297), Metropolitan, 

William Fraser, Bishop of St. Andrews (1279-1297), Episcopal, 

William Fraser, 1296, . 

Sir James Fraser, 137 1, .... 

James Fraser, 1402, .... 

Janet Dunbar, Countess of Moray, 1454, 

Hugh Fraser, First of Lovat, 1377, and circa 1390, 

John Dunbar, Earl of Moray, circa 1390, 



PAGE 

27 
33 
5 2 
95 
95 
•IS 

"5 

119 

138 
138 
138 
182 
182 



PART V. 

THE ABERNETHIES 
OF ABERNETHY AND OF SALTOUN, 

AND 

LORDS SALTOUN. 



rpHE origin of this family is veiled in the obscurity that shrouds all early 
Scottish history ; but in the twelfth century its representatives occupied 
the position of Lay Abbots of the Culdee Monastery of Abernethy, in Strathearn, 
and it therefore may be concluded that they were not among the Saxon or 
Norman immigrants who, at various periods, entered Scotland from the south, 
but were descended from some ancient Pictish or Scottish source, or from 
some adventurous early Scandinavian settler from the north. 

There is also much doubt respecting the origin and character of the 
Culdee establishments in Scotland, and very diverse opinions have been 
advocated by authors who have touched upon the subject. The derivation 
of the name has also been a matter of dispute, though, from its appearance 
in old charters under the form Keledei, that from the Gaelic words " Celidhe 
De" (servants of God), seems the most reasonable. 

Accompanying translations of Fordun's History, and of the Life of St. 
Columba by Adamnan, recently published, there are, however, some remarks 
made by the editor, Mr. W. F. Skene, in the historical introductions and notes, 
which, with the first volume of another work at present in course of publication 
by him, 1 throw considerable light upon the early course of events in Scotland, 

1 Historians nf Scotland, Fordun and Translation, edited by Mr. W. F. Skene; and "Celtic 
Scotland," written by him. 

VOL. II. A 



2 THE ABERNETHIES OF ABERNETHY AND OF SALTOUN, 

and afford some assistance in forming an idea of the career of the Christian 
Church in that country for some centuries after its first establishment there. 

It seems very clear, from Mr. Skene's analysis of authorities, 1 that 
although the Scoti or Scots, who came from Ireland, had often previously 
invaded and ravaged Britain, about 498-500 may be accepted as the time of 
their first permanent settlement in Scotland, and their establishment in the 
small kingdom of Dalriada, nearly coterminous with the present county of 
Argyll ; and that the Scoti, to whom St. Palladius was sent as bishop by 
Pope Celestine, about 430, were not the inhabitants of Dalriada, as Fordun 
mistakenly says, but those resident in Ireland before their migration, and 
this leads to the conclusion that the first introduction of the Christian faith 
among the northern Pictish tribes of Scotland was effected by the agency of 
St. Columba, who, with twelve companions, went from Ireland to Dalriada 
in 563 (the date fixed by Mr. W. F. Skene), 2 and the same year passed across 
" Drumalban," the mountainous backbone of Scotland, to the neighbour- 
hood of Inverness, on his mission to Brude, the king of the Picts. 

The success that attended his efforts and those of his followers in spreading 
the light of Christianity among those heathen tribes is well known, and need 
not be related here, and the Church established by them seems to have flourished 
for about one hundred and fifty years, until 717, when, according to Tighernac 
and Bede, quoted by Mr. Skene, there took place the expulsion of the family 
of Iona (the Columban clergy) across Drumalban by king Nectan, who had 
conformed to the rule of the Anglican Boman Church, and had decreed that 
all in his dominions should do the same, an order which they refused to obey. 3 

The Columban clergy, however, did not find a secure asylum in Dalriada 
for any length of time, for about 726 Alpin, the Scottish King, attempted to 
make himself master of the Pictish throne, to which he had some claim, but 
was defeated by Angus, the son of Fergus, who, after subduing some other 
competitors, and establishing his own authority over the Picts, attacked 
Dalriada in 736, and conquered that country, 4 which remained a province of 
the Pictish kingdom until about 830-840, when Kenneth MacAlpin, a prince 
of Scottish race, but connected with the Pictish royal family, obtained the 
kingdom of Dalriada, and some years later, about 844, succeeded in bringing 
1 Celtic Scotland, vol. i. p. 139. 2 Ibid. p. 137. 3 Ibid. p. 284. 4 Ibid. pp. 287-291. 



AND LORDS SALTOUN. 3 

under his sway that of Pictavia, which had been much weakened by a 
terrible defeat inflicted by the Danes in 839. 1 

It is probable that the Columban or Scottish clergy retired into Ireland 
during the subjugation of Dalriada to the Picts, for any that remained there 
would have been deprived of authority and subjected to danger; but their 
successors seem to have recovered their position in some degree when 
Constantin, King of the Picts, founded the Church of Dunkeld between 807 
and 820, and would gladly return, when a prince of their own race obtained 
the sovereignty of both Dalriada and Pictavia, which were then united into 
one kingdom, and soon afterwards, before 900, the larger and more fertile 
portion, that had borne the name of Pictavia, was for a time called Albania, 
but from the increasing predominance of the Scots, about the end of the 
tenth century, assumed the name of Scotia, which had been previously 
applied only to Ireland. 

The Culdees are found in Ireland at an early date ; instructions as to 
their life and duties form part of a rule left by St. Carthach, who died in 636, 
and their own rule in 787 is still extant. 2 

Their rule differed from that of St. Columba, and no mention of Culdees 
is made by him or his successor Adamnan ; it may therefore be surmised 
that they had no share in his mission to the Picts, or in the Church estab- 
lished by him and his successors in Pictavia. 

On the other hand, their doctrine and tenets appear to have been the 
same as those taught and held by the Columban or Scottish Church, of 
which some of the regulations in the rule of the Irish Culdees in 787 s afford 
evidence, and the difference between them and the Scottish Church seems 
to have been confined to matters of discipline. 

It is, therefore, in no degree improbable that, upon its expulsion from 
Pictavia, and in all likelihood from Dalriada also, the Scottish Church may 
have received help from the Culdees of Ireland, and may have entered into 
friendly relations and communion with their order ; and even if the two 
Churches had not amalgamated, when the course of events permitted the 

1 Celtic Scotland, vol. i. pp. 307-309. 

2 O'Curry's Lectures on mss. materials for Irish History, p. 374. 

3 Ibid. p. 375. 



4 THE ABERNETH1ES OF ABERNETHY AND OF SALTOUN, 

Scottish Church to return to Dalriada and Pictavia, it may have been accom- 
panied or followed by the Culdees in such numbers that eventually their rule 
of discipline superseded that left by St. Columba in many, if not all, of the 
religious establishments in those countries. 

Upon its return, the Scottish Church appears to have abandoned or 
mitigated its opposition to the Eoman rule respecting Easter, and on other 
points, and in a great degree to have regained possession of the lands and 
emoluments it had enjoyed before its expulsion, constituting for each religious 
community its Abthania, a name proved by Mr. W. F. Skene to have no 
connection with Thane or Thanage, as Fordun supposed, but to be " the 
Latinised form of the Gaelic word Abdhaine, which is the equivalent of the 
Latin Abbatia, and signifies both the office of abbot and the territory belong- 
ing to the Monasterium or Abbacy." 1 

It is impossible to say what the state of discipline in the Church may 
have been at the time of its return to Pictavia about 840-850 ; but there can 
be no doubt that very serious irregularity and disorder, with a great and 
general relaxation of all rule and discipline, supervened during the next two 
or three hundred years, and that about the end of the eleventh century it was 
in a state of grievous degeneracy. 

The Culdee Monks had very generally become married men, a condition 
fatal to all monastic rule and order of life. They were idle, ignorant, and 
too often dissolute, and the church lands had fallen into the possession of Lay 
Abbots, who held them by hereditary tenure. 

These Lay Abbots in some instances may have sprung from Churchmen of 
that rank, who in the general disorder had contrived to transmit the authority 
they held over their monasteries and church lands to their descendants; but 
it is more probable that in the majority of these cases some neighbouring- 
noble or powerful person had originally farmed the Abthania of each 
monastery, as a vassal of the Church, and that his posterity, acquiring power 
as the Church lost it, threw off that subjection and held the lands without 
any further connection with the Church than the title of Abbot, which they 
adopted or received on account of their possession of an Abthania, or any 
clerical duty except that of providing for Divine service in the churches and 
1 Fordun and Translation, edited by Mr. W. F. Skene, p. 413. 



AND LORDS SALTOUN. 5 

chapels attached to the Abthania, for the performance of which they paid 
the priors and colleges of Culdee priests out of its revenues. 

Some of the Lay Abbots doubtless held other properties besides their 
church lands, but by the end of the eleventh century, from the vicissitudes 
of that disturbed age, many of these families had become extinct, others had 
lost their possessions, or had ceased to use the title and to pay the clergy, 
and the Culdee establishments languished in proportion. The sons of St. 
Margaret, Edgar, Alexander I., and David I., who successively ascended the 
throne of Scotland, may have made some attempts to introduce a better state 
of things among them — at all events some grants from those princes to them 
are upon record j 1 but in all probability any thorough reformation was found 
to be hopeless, and each of those monarchs turned his attention towards 
supplanting the Culdees by the more energetic and useful orders of eccle- 
siastics, — a course followed by their successors on the throne, — so that 
by the end of the twelfth century, from these various causes, only a few 
of the Culdee establishments are found still in existence, of which the 
most important were those of St. Andrews, Lochleven, Monimusk, Brechin, 
and Abernethy, and with this last the family of that name was connected. 

The foundation of the ecclesiastical establishment of Abernethy was very 
ancient, and various dates have been assigned for that event, of which the 
earliest is the year 458, when, according to an old legend, King Nectan gave 
to God, and St. Bride, Abernethy with all the bounds thereof; but this 
legend cannot be accepted as authentic, for Christianity was certainly not 
introduced among the northern Picts before the mission of Saint Columba in 
563, and Fordun's statement, which ascribes the foundation of Abernethy to 
the Pictish king Garnard (or Gartnaidh), successor to the Brude whom Saint 
Columba converted to Christianity, is probably more correct. 

" Isti quoque regi Brudeo successit Garnard, films Dompnach, et regnavit 
annis xx. Hie fundavit Abirnethy." 2 

In the Scotichronicon, Bower has copied this statement, but has ampli- 
fied it, and has introduced a legend of Saint Patrick having brought Saint 
Bride and her nine maidens to Scotland, and having given them the church 
and domain of Abernethy, where the nine maidens died within five years, 
1 Reg. Priorat. St. Andrews. 2 Fordim, lib. iv. cap. xii. 



6 THE ABERNETHIES OF ABERNETHY AND OF SALTOTJN, 

and were buried to the north of the church ; a but this fable, which he says is 
taken from a chronicle of the church, is at variance with the fact he copies 
from Fordun that Garnard was the founder, and evidently owes its origin to 
the tradition of the foundation about the year 458. 

Bower goes on to say, " Et in ilia Ecclesia fuerunt tres electiones facta?, 
quando non fuit nisi unus solus Episcopus in Scotia." 

" Tunc fuit locus ille sedes principalis regalis, et pontificalis, per aliquot 
tempora, totius regni Pictorum." 

" Ipsa autem Ecclesia fundata erat, ante Ecclesiam Dunkeldensem, ducentis 
viginti septem annis, novem mensibus et sex diebus. In alia chronica reperi 
ipsam praefundatam fuisse Ecclesia? Dunkeldensi ccxliv annis." 

" And in that church three elections were held when there was only one 
bishop in Scotia. That place then was the principal royal and pontifical 
seat of the whole kingdom of the Picts for some period of time." 

" This church was also founded two hundred and twenty-seven years, 
nine months and six days before the church of Dunkeld." 

"In another chronicle I have found this foundation to have been two 
hundred and forty-four years before that of the church of Dunkeld." 

Between these two statements there is a discrepancy of rather more than 
sixteen years, but Fordun seems to have been mistaken in the date 573 
assigned by him for the accession of Garnard, which Mr. Skene, quoting 
Tighernac, places in 584, 2 so that, as he died in 599, he only reigned eleven 
years instead of twenty, which renders the above 244 years an impossi- 
bility ; for between 584 and 820, the year in which Constantin, the founder 
of Dunkeld, died, there are only 236 years. 

The reverend author of the Ecclesiastical History of Scotland protests 
against the claim of Abernethy to the dignity of the primatial seat of the 
Pictish kingdom, which he says took its rise from a hint in Fordun, amplified 
and improved by Boece ; and he adds, " Forteviot, not Abernethy, was the 
abode of the Pictish kings." 3 

Fordun himself, however, says nothing upon the subject, and the passage 

1 The nine maidens are commemorated in local names in various parts of Scotland. The 
Nine Maiden Hill, near Fraserburgh, and the Church of Touch in Strathdee, dedicated to 
the nine maidens, are examples. 

2 Celtic Scotland, vol. i. p. 235. 3 Ecclesiastical History of Scotland, p. 131. 









>--*■> 



THE ROUND TOWER OF ABERNETHY. 



AND LORDS SALTOUN. 7 

in the pages of Bower's Scotichronicon is assuredly no hint, but a distinct 
statement of fact, which it seems to refer to a time when there was only one 
Episcopate in Scotia, and the elections of three of the bishops that succes- 
sively held it took place at Abernethy. 

Mr. Skene's early history of the country, of which so much use has already 
been made, may help to solve this difficulty also, for on the first establish- 
ment of the Columban Church, and for some time after, it is very possible 
that there may have been only one Episcopal see in Pictavia ; and Abernethy 
may have been the royal and pontifical seat during a portion, though not the 
whole, of the one hundred and fifty years that elapsed before the expulsion 
of that church in 717. 1 Various causes might lead to the transference of 
the royal seat to Forteviot, as a more central position, before its final settle- 
ment at Scone, and Kenneth MacAlpin, or one of his immediate successors, 
appears to have fixed the primatial seat at St. Andrews after the return of 
the Scottish or Columban Church. 

The establishment at Abernethy, like many of the Culdee foundations, 
seems to have been partly monastic and partly scholastic, for mention will be 
found further on of Berbeadh, rector of the scholars at that place. 

Scarce a vestige of the monastery remains, except one, and that a very 
remarkable one, its Bound Tower. 

These round towers, which are found on the sites of the ancient Culdee 
religious houses, are very common in Ireland, but there are only two in 
Scotland, the one above mentioned, and another at Brechin. The purpose 
for which they were erected has been the subject of much discussion, but 
the most reasonable explanation seems to be that they were intended for 
places of refuge, into which the valuable effects of the community of monks 
might be conveyed, and some, if not all of the members, might find shelter 
in case of any sudden attack by small parties of Danes, Norwegians, or other 
roving and predatory tribes. 

The height of the tower at Abernethy is about 80 feet, and the wall is 
very solidly built of a stone not found in the neighbourhood. It is divided 
into several stories, between which there is communication by means of 

1 The fact of a place near the Round Tower at Abernethy being called " The Bishop's Yard," 
seems to lead to the inference that a bishop had resided there at some time or another. 



8 THE ABERNETHIES OF ABEKNETHY AND OF SALTOUN, 

ladders and trap-doors. The outer door is several feet from the ground, and 
only about 2 feet 8 inches wide, and altogether it appears well calculated to 
resist any sudden assault from a body of men provided only with the 
arms and implements of that early age. 

Little is upon record concerning Abernethy during subsequent ages ; it is 
named as the place of meeting when peace was concluded between Malcolm 
Ceanmore and William the Conqueror, on the invasion of Scotland by the 
latter in 1072, 1 and in the twelfth century it appears as a Culdee monastery, 
under an hereditary succession of laymen, who are sometimes designated 
Lords, at others Abbots, of Abernethy. 

In the Cartulary of the Priory of St. Andrews 2 there are several old docu- 
ments that refer principally to the Culdee monastery of Lochleven, and it may 
be gathered from them that it had not fallen into the hands of a Lay Abbot, 
for in one, relating to the settlement by David I. of a dispute between the 
monks and " Robertas Burgonensis, miles," in which the former were victori- 
ous, " Dustah, sacerdos et abbas," is mentioned. 

In another of these documents of a rather earlier date, as it appears to be 
prior to the accession of Alexander I., his and his brother David's confirma- 
tion of their elder brother Ethelred's gift of Admore to the Culdees of 
Lochleven was granted in the presence of Constantine, Earl of Fife, charac- 
terised as a most discreet man, and of Ness ; and Cormac, the son of 
MacBeath, and Malnethte, the son of Beollan, priests of Abernethy, and 
Mallebride, another priest, and Thuadel, and Augustine, a priest of the 
Culdees, and Berbeadh, rector of the scholars of Abernethy, and of the rest 
of the whole community of Abernethy. 

The Lords or Abbots of Abernethy are mentioned by Wyntoun as members 
of the great family of which Macduff, the Thane (progenitor of the Earls) of 
Fife, was the head. He relates three requests made to Malcolm Ceanmore by 
the Thane, after the overthrow of the usurper Macbeth, in whose defeat he 
had played an important part. The first, that he and his posterity should 
have the privilege at coronations of conducting the king from the altar to the 
throne, and seating him thereon to be crowned. 

1 Chronicle of Melrose, p. 56. Celtic Scotland, vol. i. p. 424, quoting the Saxon Chronicle, 
and Florence of Worcester. - Keg. Prioiat. St. Andrews, pp. 115, 117. 



AND LORDS SALTOUN. 9 

The second, that he and his descendants should command the van of the 
royal army. 

And the third, in which the Lord of Abernethy was interested, is thus 
related by the poet — 

" Eftyr this the thyrd askynge, 

That he askyt at the Kyng. 

Gyve ony be suddane chawdmelle, 1 

Hapenyd sua slayne to be 

Be ony of the Thayny's kyne 

Of Fyf, the kinryk all wythin ; 

Gyve he sua slayne were gentilman, 

Foure and twenty markis than, 

For a yhwman, twelf markis ay 

The slaare suld for Kynbut pay ; 

And hawe full remyshyowne 

Fra pine, for all that actiowne. 

Gyve ony hapnyd him to sla, 

That to that Lawch were bunden swa, 

Of that priwylage evyrmare 

Parties 2 suld be the slaare. 

Of this Lawch are three capytall, 

That is the black Prest of Weddale, 

The Thane of Fyf, and the thryd syne 

Quha ewyre be Lord of Abbyrnethyne." 3 

The armorial bearings of the two families support this connection recorded 
by Wyntoun. Those of the Earl of Fife were Or, a lion rampant, gules ; and 
the Abernethy bearings were the same, with the addition of a bend dexter 
sable, evidently assumed as a difference. 

The first of these Lords or Lay Abbots whose name appears in any docu- 
ment that has been preserved to the present time was 

HUGH, 4 
Who lived during the reigns of Alexander I., David I., and perhaps Malcolm 
the Maiden, but seems to have died about the middle of the twelfth century, 
leaving a son, 

1 Brawl. 3 Wyntoun, lib. vi. cap. xix. 

2 Without benefit. 4 Reg. Priorat. St. Andrews, pp. 130, 132. 
VOL. II. B 



10 THE ABEENETHIES OF ABERNETHY AND OF SALTOUN, 

OEM DE ABERNETHY, 

Who is found under that designation, and also as Orm, the son of Hugh, 
and was a person of considerable wealth and influence during the reigns of 
Malcolm iv. and "William the Lion. 

He must have been born during the first half of the twelfth century, for 
he was a witness to a charter by Ernulphus, or Arnold, bishop of St. Andrews, 
granted before 1164, 1 as Herbert, bishop of Glasgow, who was also one of the 
witnesses, died in that year. 3 

He is said to have received from King William the Lion a charter of 
confirmation of the lands of Glendroggyn and Balmadethyn, 3 which he had 
acquired from Duncan, Earl of Fife, in exchange for those of Balbrennin, 
which charter was witnessed by Nicol, Chancellor of Scotland, who flourished 
a.d. 1165-1171. 4 

During the chancellorship of the same Nicol, Orm de Abernithi was also 
a witness to another charter by William the Lion, 6 and he appears to have 
died between the years 1180 and 1190, leaving a son, Lawrence, and a 
daughter, who is said to have been married to Henry Rule of Balmerino. 6 
Afterwards will be noticed the possibility of Orm having given his name to 
Ormiston, an estate next on the west, save one other estate, to that of 
Saltoun, in East Lothian, and he is the earliest of the race found bearing the 
territorial appellation " de Abernethy," and is thus styled in the charter 
referred to above, and also in one by his son, 

SIE LAURENCE DE ABERNETHY, 

Who was probably born about 1160-70, and styled himself Laurentius, Alius 
Orm de Abernethy, and is designated in the same manner as a witness to an 
agreement in which the Culdees of St. Andrews were concerned. 7 

It was in his time that the suppression of the Lay Abbots of Abernethy 
took place, he having been the last that bore the title and enjoyed the 

1 Keg. Priorat. St. Andrews, p. 130. 4 Chronicle of Melrose, p. 84. 

2 Chronicle of Melrose, p. 79. b Lib. Eccl. St. Trinitat. de Scon, No. 34. 

3 Douglas Peerage, quoting Cart. Fam. de 6 Douglas Peerage. 

Douglas. 7 Peg. Priorat. St. Andrews, No. 318. 



AND LORDS SALTOUJST. 1 1 

emoluments of that office ; and two charters referring to that event are 
extant, from which some information as to the nature of the transaction 
may be gleaned. 1 

The Culdee establishment of Abernethy was situated at no great distance 
from Aberbrothok, or Arbroath, where William the Lion, in 1178, founded a 
monastery of Tironenses, bringing the monks from the Abbey of Kelso, 
which abbey, however, abjured all supremacy over the younger foundation. 
At a later period, of which the exact date is not certain, but must have been 
between 1189 and 1198, 2 and probably towards the end of those nine years, 
the king gave to the lately founded Abbey of Arbroath the church of Aber- 
nethy, with its pertinents, viz., the chapels of Dron, Dunbulc, and Erolyn, 
the lands of BeliicE and Petinlouer, together with one-half of all the tithes 
forthcoming out of the moneys of the Abbot of Abernethy, " of which the 
Culdees of Abernethy shall have the other half;" and with all the tithes 
of the territory of Abernethy, and all just pertinents of that church, except 
the tithes that belong to the churches of Flisk and Cultram, and the tithes 
of the " dominium " (lordship) of the Abbot himself, which the Culdees of 
Abernethy were wont to have, viz., those of Mukedrum, Kerpul, Balchire- 
well, Balecolly, and of Innernethy, on the east side of the stream. The 
witnesses to the charter were Hugh the Chancellor, A. Abbot of Dunfermlyne, 
Earl Duncan the Justiciar, Earl Gilbert, Richard le Prebend " clerico meo," 
Radulph and Walter " capellanis meis," W. Cumyn, W. de Haya, Radulph 
Rufus, Robert de Berkely, Roger de Mortimar, Merleswain, and Herbert the 
Mareschal, and it was granted at Perth. 

About the same time, apparently, 3 Laurentius, son of Orm de Abernethy, 
quitclaimed, or relinquished to the monks of Arbroath, for himself and his 
heirs, all right that he had or might be able to claim in the advowson of the 

1 Reg. Vet. de Aberbrothok, Nos. 34, 35. 3 The first five witnesses are the same as 

2 The tenure of office, simultaneously, of those in the royal charter ; of the remainder, 
two of the witnesses, Hugh the chancellor, the two royal chaplains, with Robert de 
and A. (Archibald) Abbot of Dunfermlyne, lies Berkely, Roger de Mortimar, and Herbert 
between these years, in the first of which the the Marischal are omitted, and the names of 
former was appointed chancellor, and in the Bricius the judge, Makbeth, vicecomes de 
last the latter died. — Lives of Officers of State, Scone, Thainus de Strathard, and Constan- 
and Cart. Dunfermlyne. tin, judge of Strathern, are added. 



12 THE ABEENETH1ES OF ABEENETHY AND OF SALTOUN, 

church of Abernethy and its pertinents, viz., the subjects granted by the 
king, which he recapitulated in the same terms, and with the same exceptions, 
only calling the tithes, moneys, and " dominium," that in the royal charter 
are said to belong to the Abbot of Abernethy, his own and his heirs, and 
as such, for himself and his heirs, relinquishing some to the Monks of 
Arbroath, and reserving others for the Culdees of Abernethy, as in the royal 
charter. 

These documents completely establish the identity of Laurence de Aber- 
nethy with the Lay Abbot of that place ; and it is upon him and not upon 
the Culdees that the reforming hand of King William seems to have fallen 
most heavily, for the latter appear to have had a great portion, if not all, of 
the emoluments they were accustomed to receive reserved for them ; and it 
seems to have been the part which the Lay Abbot was in the habit of appro- 
priating to himself that he was then obliged to surrender to the monastery 
of Arbroath, together with the advowson of the church and its attendant 
chapels. 

The Culdees of Abernethy made repeated attempts to regain these pos- 
sessions, which they perhaps thought, in justice, should have been given to 
them when taken from the Lay Abbot. At times they were partially suc- 
cessful, but judgment being more often given against them by the Bishops to 
whom they appealed, and in some instances by the Pope, when their case had 
been carried to Borne, they gradually lost influence and position before the 
more educated and energetic brethren of the regular order. A principal 
grievance of the Culdee clergy in general appears to have been their exclusion 
from the body of canons, and from a share in the election of the bishops, 
which they seem formerly to have possessed, but of which they had been 
deprived, probably on account of their irregularities, as may be inferred from 
Pope Eugenius, about the middle of the twelfth century, when confirming the 
privileges of the Canons of St. Andrews, and recognising their right to elect 
the bishop, having directed " the Culdees of St. Andrews to be received, pro- 
vided they are worthy to become canons." J 

Two documents referring to the Culdees of Monimusk may here be 
noticed, as throwing a little light upon the condition of that body about this 
1 Ecclesiastical History of Scotland, p. 263. 



AND LORDS SALTOUN. 13 

period, and it is curious to observe in them the care taken to prevent, as much 
as possible, any fusion of their order with those of the more regular monastic 
institutions. 

In consequence of a complaint from William Malvoisin, Bishop of St. 
Andrews, that the Culdees of Monimusk were acting in a manner prejudicial 
to his diocese, Pope Innocent in., in the year 1211, desired the Abbots of 
Melrose and Dryburgh, and the Dean of Glasgow, to inquire into and settle 
the matter, and by their authority a convention or agreement was entered 
into between the bishop and the Culdees, of which the following is a transla- 
tion from the original Latin : — 

" Thus it is amicably agreed between William, Lord Bishop of St. Andrews, 
with the assent of his Deans and Chapter of St. Andrews, and the Culdees of 
Monimusk ; to wit, that the Lord Bishop of St. Andrews granted that in future the 
said Culdees should have one refectory and one dormitory in common, and one 
oratory without a cemetery; that the bodies of the Culdees, and of the clergy and 
laymen staying with them, should receive burial with holy rites in the cemetery 
of the parish church of Monimusk as freely as hitherto they were wont to be 
buried, saving in all things the rights of the mother church. That also there 
shall be twelve Culdees in that place, and a thirteenth, Bricius, whom the Culdees 
themselves shall present to the Lord Bishop of St. Andrews, that he may be their 
master or prior ; but on his resignation or death, the Culdees shall choose three of 
their co-Culdees by common consent, and shall present them to the Bishop of 
St. Andrews, whoever he may then be, in order that the bishop, of his own will 
and disposition, may select one out of the three, who shall have the priorship or 
mastership, and the House of the Culdees shall be as faithful to him as to its 
founder. And in the election of the prior or master of the Culdees, thus it shall 
be enacted for ever by this addition, that it shall not be lawful for the said 
Culdees to profess the life or order of monks, or of canonical brethren in that 
place, without the consent of the said bishop or his successors ; nor to exceed the 
above-named number of Culdees ; and that every Culdee shall swear to the present 
Bishop of St. Andrews, or to the person deputed by him for that purpose, that, as 
much as in him lies, he will observe and keep the above agreement faithfully, and 
without deceit or evil intention. 

" And, in future, the said Culdees shall possess for ever the half carucate of 
land, Eglismenythok by name, which they received by the gift of Robert of good 
memory, Bishop of St. Andrews, as freely, thoroughly, and quietly as they have 
possessed it from the time of the said Bishop Robert to this time. They also 



14 THE ABERJSTETH1ES OF ABERNETHY AND OF SALTOUN, 

shall have.the fourth part ' ouencionum,' which are given in common to the Culdees 
' • clericis • percis et ferdys • ' by those who desire sepulture in that place, and the 
portion that pertains to them of the common alms which are called ' sauchbarian,' 
and the part that pertains to them of the benefit which is termed ' thomneom 
tharmund,' freely and quietly according as they had them from far back ancient 
times to this time, saving in all things the right of the parson and of the mother 
church. But the lands which the said Culdees received from the gift of Gilchrist, 
Earl of Mar, without the consent of the said bishop, to wit, Dolbethok and 
Fornathy, they have resigned into the hands of the said bishop, so that in future 
they shall claim no right in them unless by the grant of himself or his successors. 
They have also faithfully promised that they will in future receive no lands that 
are known to belong to the Bishop of St. Andrews, from the gift of the said Earl, 
or of any other person, without the consent of the said Bishop of St. Andrews, 
nor do anything that may tend to the prejudice of his dignity, or the liberties of 
the church of St. Andrews, or to the detriment of the parish church of Monimusk. 
Also, when the Bishop of St. Andrews shall happen to visit Monimusk, the said 
Culdees shall receive him solemnly with a procession. 

" William, Lord Bishop of St. Andrews, also has promised, for himself and his 
successors, that they will aid and maintain the said Culdees as their own people ; 
that moreover this agreement shall for ever continue valid and unimpaired in 
future times by the protection of the present document ; and it has been confirmed 
(say the abbots and the dean) by affixing our seals as well as the seals of the 
parties, and by the interposed oath of Bricius and Andrew of the Culdees, for 
themselves and their co-Culdees." x The witnesses are Thomas, Prior of St. 
Andrews ; Magister John, Dean of Lothian ; Peter, Edward, and Godfrey, chaplains 
of the Bishop of St. Andrews; Gervas de Geafle; Robert de Hay a; Magister Adam 
Ovide ; Magister Michael, and Magister Peter of Dryburgh, clerks of the Bishop 
of St. Andrews ; Magister Bricius, and Magister Andrew of Monimusk, with many 
others. 

The other document is a circular from the same Bishop William to the 
ecclesiastical authorities of the diocese, probably written a little later, which 
may be thus rendered into English : — 

" William, by the grace of God, Bishop of St. Andrews, to the Abbots, Priors, 
Deans, Officials, and all Rectors of Churches, as well as all their subordinates, clerical 
and lay, throughout his diocese, eternal health in God. It is certain that those 
who, relinquishing the world on account of religion, assume the regular habit and 

1 Antiquities of Aberdeenshire, vol. i. p. 174. 



AND LORDS SALTOUN. 15 

utter the vow of profession, if they revert to the ordinary conversation of men, 
shut the door . . . and return against themselves, and still more that he [who 
after] the adoption of the regular habit and profession made, shall have rashly 
presumed to recede therefrom, as a dog returning to his vomit, or a washed sow 
to wallowing in the mire, is to be held worthy of contempt and of the abomina- 
tion of God and men. Therefore, moved by the just supplication of our beloved 
sons the Prior and Culdees of Monimusk, we command all of you beforehand that 
you shall not presume to admit any one of the brethren of the said place, who shall 
have assumed the habit of religion and shall have made profession there, to dwell 
among or have communion with you ; but rather that you shall regard him as a 
sinner and publican, until, led by penitence, he shall the more quickly return to 
his own house and brethren, more fully to make satisfaction for his transgressions, 
and to receive canonical discipline according to the institutions of their rule. 
Farewell." 1 

At page 169 of the work from which the above extracts are taken, it is 
stated that the Culdees of Monimusk were changed into Augustinian canons 
by William Lamberton, Bishop of St. Andrews, in the year 1300; but it 
would appear that this alteration had taken place before that date, for in 
1245 Pope Innocent addressed to the Prior and Convent of Monimusk of the 
order of St. Augustin, in the diocese of Aberdeen, coufirmations of their lands, 
among which appear not only Dolbethok but Eglismenythok, mentioned in 
the former agreement as belonging to the Culdees. 2 It is possible, however, 
that they may have remained separate for a considerable time after their lands 
had been taken from them. 

In the case of the Culdees of Abernethy they lingered on as a separate 
body until the year 1272, when they became canons-regular. 3 

The Lay Abbot, who does not appear to have been deprived of the 
" dominium " or lordship which he held as abbot, and who probably possessed 
other considerable estates, gave up that title, but retained his position as 
dominus or lord of Abernethy, in which he and his descendants will hereafter 
be found. 

During the gradual change in the lowlands of Scotland from Celtic 
manners and institutions to those of Saxon, or eventually of Norman origin, 

1 Antiquities of Aberdeenshire, vol. i. p. 2 Ibid. pp. 177-8. 

176. 3 Scotichronicon, lib. x. cap. xxxiii. 



1 6 THE ABERNETH1ES OF ABERNETHY AND OF SALTOTJN, 

many, indeed most of the principal Celtic families either became merged in 
those belonging to the two supplanting races, or were pressed back into the 
mountains and wilder districts of the country ; but there were a certain 
number who, from their native vigour, or perhaps from their original 
Scandinavian descent rendering the change more easy to them, maintained 
their ground, and adapted themselves to circumstances. Among these was 
the family of Abernethy, for after this period no difference is perceptible 
between them and the Scoto-Saxon or Scoto-Nbrman barons and knights 
with whom they associated. 

As a scholastic institution, the College of Abernethy seems to have sur- 
vived the extinction of the Culdee monastery, or to have been re-established 
at a later date, for impressions of the seal of that community, in 1557 accord- 
ing to Mr. Laing, are extant. The seal is circular, having on one side a 
shield, bearing the arms of the Abernethy family, a lion rampant surmounted 
with a bend dexter, and around it the inscription " S. Commune Collegii de 
Abernethe ;" on the reverse a figure of St. Bridget, holding a crozier in her 
hand, with the figure of a cow at her feet, and the inscription, " In domo Dei 
ambulavimus cum consensu." 1 

The names of Laurentius de Abernethi and his wife Devorguile are 
recorded as visitors to the shrine of St. Cuthbert at Durham early in the 
thirteenth century, and a few pages later his name again occurs in that 
register; 2 but there is no clew to be found to the family of which the lady 
was a member. 

He granted, with consent of his son and heir, Patrick, an annual pay- 
ment of ten shillings out of his lands of Balnebreig to the canons-regular of 
St. Andrews ; 3 and his name is also found as a witness to a charter by Boger 
St. Michael, during the reign of William the Lion. 4 

He witnessed a charter of the lands of Gillecameston, 5 granted to the 
monastery of North Berwick, by Malcolm, son of Duncan, Earl of Fife, before 
1227, in which year the grantor died. 6 

In 1233 he was a witness to two charters by Alexander n., one of the 

1 Laing's Scottish Seals, vol. i. p. 172, Nos. 4 Reg. Vet. de Aberbrothok, No. 81. 

976 977 

„'..'„. 5 Charter communicated by William Fraser. 

2 Liber Vitae, pp.94, 112. J 

3 Cart. St. Andrews, p. 26S. c Wyntoun, lib. vii. cap. ix. 



AND LORDS SALTOUN. 17 

lands of Nigg, near Aberdeen, to the Abbey of Arbroath, 1 the other of 
some lands to M., formerly "Them of Calentyr;" 2 and he sold the lands 
of Cultran, Balnedan, Balnedard, Corteby, and Balmurenach 3 to the monas- 
tery of Balmerinach (Balmerino) for 200 marks paid him by the executors 
of William the Lion's widow, Queen Ermengarde, who had founded it, 
and this transaction could not have taken place before 1233, when she 
died. 

He held a position of considerable importance in the State, for in 1244 
he accompanied his sovereign to the meeting with Henry in. of England at 
York, and was one of the barons that swore to the observance of the peace 
then concluded between the two kingdoms. 4 

He died soon afterwards at a very advanced age, having had issue, 
certainly one son, Patrick, who may be the same person that appears in the 
Liber Vitas of Durham, five places below the second entry of his father's 
name, as " Patricius filius Laurentii." 



PATPJCK DE ABERNETHY. 

The only records extant of this individual are those already noticed in 
the account of his father, one of which proves him to have been the son and 
heir of Sir Laurence de Abernethy. 5 

Patrick de Abernethy may have died before his father, at all events the 
great age to which the latter lived, and the vigour which he seems to have 
retained to his latest years, must have tended very much to keep his son 
in the background, and to prevent his name appearing often in the records 
of that age. 

Nothing more, however, is known of him than that he died before the 
year 1257, and appears to have left several children. 

Hugh, who is found as head of the family at that date. 

William, who acquired the lands of Saltoun, in Lothian. 

1 Reg. Vet. de Aberbrothok, No. 101. 3 Cart. Balmerino, No. 7. 

2 Book of Carlaverock, by William Fraser, 4 Bymer's Fcedera, vol. i. p. 428. 
vol. ii. p. 405. 5 R e g_ Priorat. St. Andrews, p. 26S. 

VOL. II. C 



18 THE ABEBNETHIES OF ABEBNETHY AND OF SALTOUN, 

Margery, married, in 1259, to Hugh, son and heir of Sir William de 
Douglas ; and perhaps 

Henry, who witnessed a charter in 1260. 1 

SIE HUGH DE ABEENETHY. 

After the accession of Alexander in. (then a boy of eight years old) to 
the throne in 1249, Walter Comyn, Earl of Menteith, Alexander Comyn, Earl 
of Buchan, William, Earl of Mar, and Bobert de Boss were appointed his 
councillors, 2 through the influence of Henry III. of England, whose daughter 
the young King married, and who took a kindly interest in the affairs of 
Scotland ; but in the course of a few years, on account of their tyranny and 
maladministration, they were dismissed from their offices, also by the advice 
and interference of Henry ; and Bichard, Bishop of Dunkeld, was appointed 
ChanceUor, David de Lindesay Chamberlain, and Allan Durward High 
Justiciary, for seven years, and these formed a new council. 

The former councillors were caUed to account for their misdeeds, and were 
several times summoned before the King and his new council, but as they 
dared not venture to appear and stand their trial, they determined to take 
strong measures to secure their own safety, and, if possible, to defeat their 
adversaries. 

The three Earls of Menteith, Buchan, and Mar, together with John 
Comyn, Hugh de Abernethy, David de Lochore, Hugh de Berklay, and 
others, surprised the young King at Kinross during the night, and carried 
him off to Stirling, on the 29th of October 1257 ; and they also took away 
by force the great seal from the custody of WiUiam de Stutewill, Dean of 
Dunkeld. 

Fordun, in his account of the transaction, bestows some hard epithets 
upon the conspirators, calling the Earl of Mar a man of great shrewdness in 
evil deeds ; John Comyn a man prone to robbery and rashness ; Hugh de 
Abernethy, David de Lochore, Hugh de Berklay, and many others, " hangers 
on of these disaffected men " (rather a feeble translation of " malignorum 
satelites"), who did all as they pleased, and naught that was lawful, and 

1 Beg. Priorat. St. Andrews, p. 269. l Fordun, Gesta Annalia, 1, li, lii, lvi. 



AND LORDS SALTOUN. 19 

reigned over the people right or wrong j 1 but the King, who was then about 
sixteen years old, appears to have been a not unwilling captive, for the Earls 
of Mar and Buchan were high in his service after he came of age, 2 and Sir 
Hugh de Abernethy was one of the Magnates Scotiae appointed in 1260, 3 who, 
in the event of the absence or the death of Alexander in., were to receive the 
child of his Queen Margaret, whose accouchement, when it should occur, was 
by treaty arranged to take place at her father's court. 

On the occasion of his sister Margery's marriage to Hugh, son and heir of 
Sir William de Douglas, in 1 259, Sir Hugh de Abernethy gave her a twentymerk 
land in his own town of Glencorse, or in the feu of Chamberlain Newton, 4 and 
in the years 1268-69 he granted various donations to the monastery of Cupar. 5 

On Trinity Sunday 1261, Alexander Comyn, Earl of Buchan, Justiciary of 
Scotland, Hugh de Abernethy, Master W. Wischard, Chancellor, Fergus 
Comyn, William de Abernethy, William de Lysuris, and Nicholas de Kuther- 
ford composed a court held at Edinburgh, before which the lands of Tulicultry 
were resigned in the hands of Alexander in. by Alevinus de Mes, the son of 
Alevinus de Mes, in consequence of his default in the service due for them ; 6 
and the King afterwards gave these lands to William, Earl of Mar, by a 
charter, dated at Forfar 21st December, a.e. 14 (1262). 

Hugh de Abernethy was a witness to a charter by Alexander in. to the 
monks of Coldstream in 1276, 7 and he held the appointment of Vicecornes, 
or Sheriff, of Boxburgh for some time. 8 

Upon the untimely and unfortunate death of the good king, Alexander in., 
in 1285, a regency was formed to govern the country until the arrival of his 
heir, the Maid of Norway ; and Duncan, Earl of Fife, was appointed one of 
the six guardians, in whose hands that power was placed. 

Three years afterwards, on the 7th of September 1288, the Earl was way- 
laid and murdered at Betpollok (Bitteloch), by Sir Fatrick de Abernethy 

1 Historians of Scotland. Fordun, Gesta 6 Cart. Cupar. 

Annalia, translation by Felix J. H. Skene, 6 Antiquities of Aberdeenshire, vol. iv. p. 

P- 293 ' 697, quoting Macfarlane's Collection, p. 117, 

2 The Earl of Menteith was then dead. Advocates' Library 

3 Rymer's Fcedera, vol. i. p. 715. 

4 Original Marriage Indenture in the Douglas 7 Cart - Coldstream. 
Charter-chest. 8 Chamberlain Rolls, vol. i. p. 34*. 



20 THE ABERNETHIES OF ABERNETHY AND OF SALTOUN, 

and Sir Walter de Percy, instigated— as Fordun 1 and Wyntoun 2 both state — 
by Sir William de Abernethy, who guarded another route by which the Earl 
might possibly travel. 

These two authors also agree in their accounts of the speedy vengeance 
that overtook the criminals, whom Sir Andrew Moray of Bothwell vigor- 
ously pursued, and capturing Sir Walter de Percy and Sir William de 
Abernethy at Colbaniston, in Clydesdale, immediately executed the former 
and two squires, his assistants in the actual deed of violence, and consigned Sir 
William de Abernethy to imprisonment in Castle Douglas, under the custody 
of Sir William de Douglas, where he remained for the rest of his life. Sir 
Patrick de Abernethy escaped to France, where he died. 

Thus Fordun and Wyntoun. But documents, which they had no oppor- 
tunity of consulting, show that, though Sir William de Abernethy may have 
been a party to the Earl's assassination, and may have been punished for it, 
his elder brother, Sir Hugh de Abernethy, was the person imprisoned in 
Castle Douglas on that account, and as the head of the family, he was doubt- 
less the chief instigator of the outrage. 

The first of these documents is a letter from Sir Hugh de Abernethy to 
the King of England in 1288, requesting his intercession with the Pope 
respecting certain affairs to be laid before him by the bearer of the letter, the 
Bishop of Brechin, 3 which evinces Sir Hugh to have been in some grievous 
trouble ; and the second is more positive evidence, being an order from 
Edward I., dated 28th June 1291, for the transference of Hugh de Abernethy 
to the king's prison from that of William de Douglas, where he was confined 
on account of the murder of the Earl of Fife. 4 

The causes that led to the perpetration of this atrocity by the Abernethies 
are unknown ; but it is possible that some dispute respecting the lands 
exchanged between the two families in a former generation, or perhaps some 
question of tribal privilege or rank, still in force at that date, in which they 
conceived themselves wronged by the Earl, may have originated a deadly 
feud between them. 

1 Fordun, Gesta Annalia, p. lxxxii. 3 Historical Documents of Scotland, vol. i. 

p. 69. 

2 Wyntoun, lib. viii. cap. ix. 4 Rotuli Scotiae, vol. i. p. 2. 



AND LORDS SALTOUN. 21 

Sir Hugh de Abernethy seems to have died in prison, for no further 
mention of him occurs, and in 1 293 his widow was the Countess of Malise, sixth 
Earl of Strathearn, 1 for at John Baliol's first Parliament, held in that year, 
she is designated as " Maria Comitissa de Strathearn, que fuit uxor Hugonis 
de Abernithin," and summoned to give certain evidence. She was again a 
widow in 1296, and in that year had her lands in the counties of Forfar and 
Perth restored to her by order of Edward I., under the designations of 
" Maria que fuit uxor Hugonis de Abemyth," and " Maria que fuit uxor 
Malicii Comitis de Stratherne." 2 She is said to have been an Englishwoman, 
but the surname of her family has not been ascertained. 

Sir Hugh de Abernethy left a son, 



SIE ALEXANDEB DE ABEENETHY. 

The summons from John Baliol's Parliament in 1293, already referred 
to as addressed to Maria, Countess of Strathearn, who was the wife of 
Hugh de Abernethy, was to the effect that she should declare whether she 
knew of anything that ought to prevent Alexander, the son of Hugh de 
Abernethy, from obtaining possession of the lands of Ballintrey, in Eife, and 
of the barony of Baltrody, and Kirpol, in Perthshire. 3 

In the same Parliament, 4 the lands of Alexander de Abernethy were given 
into the custody and ward of Alexander de Menethet (Menteith) until he 
should be of age. He was therefore born after 1272 ; but whether he was 
the son of the above-mentioned Maria, or of a former wife of Sir Hugh, 
cannot be ascertained. 

Alexander de Abernethy swore fealty to Edward I. on the 10th of July 
1291, at St. Andrews ; 5 but he was too young to take any part in the pro- 

1 Placit. Pari. Pvegis J ohannis. Acts of the related, was an elder son of Sir Hugh, who 
Parliaments of Scotland, vol. i. p. 90. must have been well advanced in years when 

2 Eotuli Scotia?, vol. i. p. 26. his son Alexander was born ; but he appears 

3 Placit. Pari. Eegis Johannis. Acts of the to have left no issue, and Alexander was Sir 
Parliaments of Scotland, vol. i. p. 90. It is Hugh's successor. 

probable that Sir Patrick de Abernethy, 

whose share in the murder of the Earl of Fife, ' "' 

escape to France, and death there, are above 5 Eymer's Foedera, vol. ii. p. 570. 



22 THE ABERNETHIES OF ABERNETHY AND OF SALTOUN, 

ceedings at the competition for the Crown, or to be one of the auditors for the 
rival candidates, and indeed it is possible that the heinous crime of which 
his father and uncle had been guilty, and their imprisonment, had in some 
degree destroyed the influence of the family, for none of the name are found 
among the barons present at that famous controversy. 

He was probably protected from the vengeance of his enemies during the 
reign of John Baliol, by the connection of his family with the Comyns and the 
Earl of Strathearn, the powerful supporters of that king ; and he is next found, 
on the 28th of August 1296, acknowledging a debt of one hundred marks 
due from him to Henry de Percy. 1 The share of Sir Walter de Percy in the 
murder of the Earl of Fife, and his consequent execution by Sir Andrew 
Moray, may have had something to do with this debt, but it is more likely 
to have been Alexander de Abernethy's ransom, and that Percy had taken him 
prisoner during Baliol's ineffectual resistance against Edward I. 

In 1301 he again appears on the side of Scottish independence,' 2 for a 
letter from the keeper of the castle of Lochmaben to Edward I. mentions him 
as being at Stanhouses, in company with Sir Simon Eraser and others, whom 
the keeper purposes to disperse, if the king sends him reinforcements ; but 
he very soon deserted that party, possibly on account of the enmity of many 
of the Scottish nobles, which his father's crime had provoked, and from which 
the power of the English king protected him, and became liegeman to 
Edward I., by whom he was favoured and trusted, as appears from a letter 
written from Kinghorn, 3d March 1304, of which the following is a transla- 
tion :— 3 

" The king to Sir Alexander de Abernithyn, greeting. 

" We have carefully read your letters, by which you have informed us 
how you are remaining to watch the people on the river Forth, which pleases 
us much. And therefore we order you to employ all your pains therein, and 
all the diligence possible, and send to William Bysset, our Sheriff of Clack- 
mannan, to assist the said watch if you see it to be necessary. For it is our 
wish that neither for the Parliament, 4 nor for any other business, you should 

1 Historical Documents of Scotland, vol. ii. * A Parliament ordered to meet at St. 
p. 82. Andrews on Monday in Midlent. Historical 

2 Ibid. p. 4.31. Documents of Scotland, vol. ii. note at 

3 Ibid. p. 470. p. 471. 



AND LORDS SALTOUN. 23 

leave the country where you are until you have sent us further news of those 
parts, and until we have sent you back our pleasure thereupon. 

" And in reply to the matter, wherein you have asked us to let you know 
whether it is our pleasure that you should hold out to William le Waleys any 
words of peace, know this, that it is not our pleasure by any means that, 
either to him or to any other of his company, you hold out any word of peace, 
unless they place themselves absolutely and in all things at our will, without 
any exception whatever." 

In a letter from Edward I. to the Prince of Wales, 1 dated Wemyss, 5th 
March, in the same year, the Prince is ordered without delay to " reinforce 
the company of Sir Alexander dAbernitby, and of our other good people 
who are employed in keeping the fords and the passages towards Dripp and 
those parts ;" and in another paragraph the King says, " For if the company 
of the said Alexander be well and sufficiently reinforced without delay, we 
understand, for a certainty, that we shall speedily have good news of our 
enemies, by the help of God." 

Another order from King Edward, 2 dated at Westminster, 16th October 
1305, decrees the repayment to Sir Alexander de Abernethy of the expenses 
of his government of the country between the Forth and the mountains, which 
had been committed to his charge at Michaelmas 1303. 

In 1306, when Robert Bruce asserted his right to the throne, and was 
crowned King of Scotland, Sir Alexander de Abernethy did not join him, but 
adhered to the English interest, and became one of his most strenuous oppo- 
nents. 

In 1307 he was one of those to whom Edward n. issued orders to repress 
the rebellion; 3 and in 1308 he became security, with the Earl of March and 
others, for the fidelity of Malise, Earl of Strathearn, to the English monarch ; 4 
and on the 3d of December in that year he was ordered to send supplies to 
the castle of Forfar, of which Henry de Winton was governor. 5 

In 1309 Edward n. again issued orders to him, among others, to resist 
Robert Bruce and his companions; 6 and in 1310 he still held the post of 

1 Historical Documents of Scotland, vol. ii. 4 Jlotuli Scotise, vol. i. p. 59. 
p. 472. 

2 rt-j Ann ' Ibid. p. 61. 

2 Ibid. p. 490. r 

3 Rymer's Fcedera, vol. iii. p. 14. 6 Rymer's Fcedera, vol. iii. pp. 161-2. 



24 THE ABERSTETHIES OF ABERNETHY AND OF SALTOUN, 

Warden of the country between the river Forth and the mountains, 1 to which 
he had been appointed in 1303, 2 but which had become a somewhat hazard- 
ous office, for King Eobert had then reconquered the whole open country of 
that district, a few towns and places of strength garrisoned by the English 
only holding out. 

In the same year he received authority to accept the submission of Sir 
David de Brechin, 3 which proves that Sir David, after swearing fealty to 
Bruce when taken prisoner in his castle of Brechin, as related by Barbour, 4 
again revolted, and joined the English, and his having done so may afford 
some clew to the severity with which he was treated by Bruce when convicted 
of misprision of treason in 1320. 5 

In 1310 Edward n. gave Sir Alexander de Abernethy a grant of the 
manor of Clackmannan, until such time as the king should be able to confer 
upon him lands to the value of two hundred " libratas " out of the estates of 
his Scottish enemies; but the increasing success of Bruce's cause rendered 
his tenure of that manor very transient ; and in the succeeding year, 1311, he 
was desired to take measures for the safety of the town of Dundee, which, 
however, was soon afterwards reduced by Sir Edward Bruce. 

When the authority of King Eobert I. was established, the possessions of 
Sir Alexander de Abernethy in Scotland were forfeited in consequence of his 
persistent rebellion, though some large grants or sales that he had made to 
Sir John Moray of Tullibardine, and to Sir John de Wemyss, appear to have 
been allowed to stand good, 7 and he became altogether an Englishman. 

The following passage occurs in " A brief Account of the Family of the 
Frasers of Philorth," printed in 1720, but by whom or when written it is 
impossible to say : — s 

" There is also extant his " (a Sir Alexander Fraser's) " letter, complaining 
that the Lords of Abernethy of Saltoun had done so much in the interest of 
King Edward the First of Englaud." 

If any such letter were extant at the time this was written it has since 

1 Rymer's Foedera, vol. iii. p. 211. 6 Rotuli Scotia?, vol. i. p. 85. 

2 Rotuli Seotife, vol. i. p. 82. 7 Robertson's Index, pp. 43, 72, 158, Nos. 

3 Ibid. p. 106. 23, 29, 53. 

4 The Bruce, cap. lxix. s It certainly is not the MS. account by 



5 



Ibid. cap. cxxxviii. Thomas Fraser, to which Crawfurd refers. 



AND LORDS SALTOUN. 25 

been lost, at least the writer of the present history has not been able to dis- 
cover it ; but though the " brief account " is utterly erroneous and unworthy 
of credit, containing ninety-nine per cent, of absolute fable to one of truth, 
yet it seems impossible that the writer should have invented that statement 
about the letter, for there is nothing to lead to it, and it has no bearing 
whatever on the other parts of his narrative, and it can only be accounted 
for by his having seen some such document, though he greatly mistook its 
contents, for there were no Lords Abernethy of Saltoun at that day, and 
the Abernethies, father and son, successive domini de Saltoun, were upon 
Bruce's side. 

It has, however, been seen that Sir Alexander de Abernethy was the 
English Warden of the country between the Forth and the mountains from 
1303 to 1310 ; and in 1304 he was watching the passages of the Forth, near 
Dripp, one of the estates of the family of Touch-fraser, also in that neighbour- 
hood, and it is very possible that the Alexander Fraser, afterwards Chamber- 
lain, and King Robert's brother-in-law, may have made a complaint against 
him for outrages committed during his government, and may have asked for 
compensation from his forfeited property. 

Sir Alexander de Abernethy attained to considerable distinction in the 
service of the English King, and seems to have been as much employed in a 
diplomatic career as in that of a soldier, for in 1312 he was one of "nous 
foyals et loyals," of whom the others were David de Strathbogie, Earl of 
Athol, and Sir Adam de Gordoun, appointed by Edward II. plenipotentiaries 
to treat with Robert de Bruce, 1 to whom the pride of the English monarch 
would not accord the title of King, a contumely that rendered all attempts 
at negotiation abortive. 

In the same year, 1312, he was one of the ambassadors sent to King 
Philip of France at Boulogne, 2 and still later in that year, in company with 
Bertrand de Salviaco, Count of Campania, the Pope's nephew, and Master 
Walter de Maydenstane, he went on a mission from Edward n. to Pope 
Clement v. 3 

After this, in 1313, he was employed, with Henry de Belmont, on 

1 Rymer's Fredera, vol. iii. p. 300. Rotuli 2 Rymer's Fcedera, vol. iii. p. 320. 

Scotiaa, vol. i. p. 107. 3 Ibid. p. 339. 

VOL. II. D 



26 THE ABERNETHIES OF ABERNETHY AND OF SALTOUN, 

another embassy to the King of France, 1 and for his good services he 
received a grant of the manor of Wylughton (Wyleighton), with its castle, 
from King Edward, 2 but before the end of the year a Papal Bull, 3 command- 
ing the King to restore all the former Templars' lands to the Hospitallers, 
obliged him to give up the manor, which had belonged to that order, but he 
doubtless obtained compensation for the loss of it. 

At this period he was certainly not idle, for he and Henry de Belmont 
went on a second mission to the King of France in 1313 ; 4 and in the same 
year he was again sent to Pope Clement v., 5 to whom his credentials 
authorised him verbally to explain certain matters, which he appears to have 
accomplished successfully, for in the succeeding year the King wrote a letter 
of thanks to the Pope respecting the affairs treated of in that embassy. 

There is no record of the death of Sir Alexander de Abernethy; the 
latest mention of him is found in 1315, when he witnessed a charter granted 
by the Countess of Athol, 6 if indeed it were he, and not another of the name, 
for the charter is dated at Arbroath, and a forfeited rebel could scarce have 
got a safe-conduct, but he probably did not long survive that year, dying 
while still a comparatively young man, for it is not likely that so active a 
career as his would have suddenly ceased from any other cause. 

The name of his wife is not known, and he left no male issue ; but 
although, as already stated, Ms lands in Scotland had been forfeited, and 
were granted to Eobert Bruce, Earl of Carrick, 7 the King's natural son, after 
the death of that Eobert at the battle of Dupplin, the three daughters of Sir 
Alexander, who married Scotchmen, seem to have regained the greater part, 
if not the whole, of his estates, which were divided among them. 8 

These three daughters were — 

Margaret, for whose marriage with Boger de Mobray, as conducive to 
concord between England and Scotland, a Papal dispensation was requested 

1 Rymer's Fosdera, vol. iii. p. 39-4. 7 Robertson's Index, p. 15, No. 3. 

2 Ibid. p. 404. 8 This fact, in conjunction with the charter 

3 Ibid. p. 456. of 1315 being dated at Arbroath, might infer 

4 Ibid. p. 408. the possibility of Sir Alexander de Abernethy 

5 Ibid. p. 436. having made his peace with King Robert, and 
G Antiquities of Aberdeenshire, vol. ii. p. returned to Scotland, but there is no record 

313. of his having done so. 



AND LORDS SALTOUN. 27 

by Edward n. in 1311-12 j 1 but this union seems never to have taken place, 
and she eventually married John Stewart, Earl of Angus, about 1329, and 
after his death, in 1331, appears in numerous charters during the reigns of 
David II. and Eobert n. She had a son, Thomas, second Earl of Angus, 
through whose daughter the lordship of Abernethy, and other large posses- 
sions passed to the family of Douglas, Earls of Angus. 

Helen (by some called Mary), married Sir David de Lindesay, ancestor 
of the Earls of Crawford, to whom she brought the lands of Downie, in 
Angus ; Cairney, Dunboig, and Countryhills, in Fife ; Chamberlain Newton, 
in Roxburgh ; and perhaps Ormiston, in East Lothian. 

Mary, married Sir Andrew de Leslie, ancestor of the Earls of Rothes ; she 
had Ballinbreich, in Eife, and other lands for her portion, and Ballinbreich 
became one of the minor titles of honour of the Earls of Rothes. Walter de 
Leslie, who married Euphemia, elder daughter of William, Earl of Ross, was 
a younger son of this marriage. 

The three families descended from the de Abernethy co-heiresses, Douglas, 
Earl of Angus, Lindesay, Earl of Crawford, and Leslie, Earl of Rothes, 
quartered the Abernethy arms ; Or, a lion gules surmounted with a bend 
dexter sable ; but it is needless here more particularly to follow the division 
among them of the possessions of the eldest male line of the Lords of 
Abernethy, which terminated at the decease of Sir Alexander. 

An impression of the seal of Sir Alexander de Abernethy, 1292, is pre- 
served in the Record Office, London. The shield is placed in front of an 
eagle displayed, and the arms are those above described. The inscription is 
" S. Alexandri de Abernethi." 

1 Rymer's Fcedera, vol. iii. p. 320. 




Seal of Sir Alexander de Abernethy. 



THE ABERNETHIES OF SALTOUN, 
LORDS SALTOUN. 



rpHE eldest male line of the family having failed, as related in the preceding 
pages, the representation of the name devolved upon the descendants of 
William, the second son of Patrick de Abernethy, to whom it is necessary 
to return. 

SIR WILLIAM ABEENETHY, first of Saltoun. 1 

The records of this line are very meagre for several generations, and only 
occasional notices of the successive representatives of it are found ; yet these 
are sufficient to enable the descent to be traced with tolerable accuracy. 

All record of the means by which the Abernethies acquired the estate of 

Saltoun, in East Lothian, or of the date at which it came into their possession, 

has unfortunately perished; but they appear to have held it before the 

time of this Sir William Abernethy ; and he probably obtained it, as well 

as Glencorse (which had belonged to his elder brother, Hugh) and Ulke- 

stone, or Ugistone, in Berwickshire, as his appanage. In the beginning of 

the twelfth century Saltoun was part of the vast estate of the powerful family 

of Morville, and probably the Abernethies were their vassals for it, but in 

1 Although the " de " before the surname obtaining the peerage, and therefore em- 
" Abernethy " was used for many generations ployed the former appellation as a surname 
by the family of Saltoun, yet in accordance proper. For this reason the present period 
with modern custom it gradually became dis- has been chosen to mark the change, which, 
continued. The elder line were " domini de though it took place far later, was so gradual 
Abernethy," and had no other surname down as to render it very difficult to fix any time 
to their extinction in the male line ; but the for it ; and the " de " before the name is here- 
junior race were never " domini de Aber- after only used when Latin quotations neces- 
nethy," but " domini de Saltoun," before sitate its retention. 



THE ABERNETHIES OP SALTOUN, LORDS SALTOUN. 29 

process of time freed themselves from the superiority of that family, or of 
their successors, the Lords of Galloway, and held it as tenants- in- chief of the 
Crown by the middle of the thirteenth century. Contiguous to Saltoun lies 
the estate of Ormiston, and it is probable that this estate took its name 
from the Orm de Abernethy of 1164-90, both from the contiguity of the 
property to that of Saltoun, and from its having passed, about the beginning 
of the fourteenth century, into the hands of the Lindesays, who, by marriage 
with a daughter and coheiress of Sir Alexander de Abernethy, inherited many 
of the family estates. 1 

As previously noticed, Sir William Abernethy, in company with his 
elder brother, Sir Hugh, Alexander Comyn the Justiciary, the Chancellor, 
and other men of rank, was a member of the Court, in presence of which 
Alevinus de Mes resigned the lands of Tulicultry into the king's hands in 
1261. 

Sir William Abernethy granted a donation of two marks out of the profits 
of his mill at Ulkestone, in Lauderdale, to the Abbey of Dryburgh, in 1273. 2 

The murder of the Earl of Fife, in 1288, and the participation of Sir 
William Abernethy in that crime, as related by Fordun and Wyntoun, 
have already been noticed ; but it has also been shown that the guilt 
of having instigated that outrage, which they have laid upon him, more pro- 
perly belonged to his elder brother, Sir Hugh, as head of the race at the 
time. The statement of those authors, however, that he was captured by Sir 
Andrew Moray of Bothwell, and imprisoned in Castle Douglas, is very posi- 
tive, and, it is probable enough that both brothers were confined there ; but 
if this were so, it may be inferred that Sir William was dead in 1291, when 
Edward I. ordered Sir Hugh to be transferred to the royal prison, as, had he 
been still in the custody of Sir William de Douglas, it is probable that his 
name would have been included in the mandate ; and he certainly died before 
1296, for in that year his widow, Margaret, of whose surname no trace has 
been found, received a pension from the family estates by order of Edward I. 3 

He left one son. 

1 There is another Ormiston in Roxburgh- and apparently still vigorous, stands in the 

shire. Orm was not an uncommon name in garden of the Haddingtonshire Ormiston. 

those days. A splendid specimen of the yew- 2 Cart. Dryburgh, No. 175. 

tree, of very great size and immense age, s Rotuli Scotia?, vol. i. p. 26. 



30 THE ABERNETHIES OF SALTOUN, LORDS SALTOUN. 



SIR WILLIAM ABERNETHY, second of Saltoun. 

Like nearly all the barons of Scotland, he swore fealty to Edward L in 
1296, 1 and his possessions, situated in the sheriffdoms of Eoxburgh, Banff, 
Berwick, Lanark, Edinburgh, and Eife, were then restored to him by that 
monarch's order ; 2 but when the War of Independence broke out, or during 
its continuance, he appears to have joined the standard of Robert Bruce, and 
he was one of the barons who, in 1320, sent the celebrated letter to Pope 
John xxn., in which they declared their determination never to submit to the 
power of England ; and if it were indeed the animosity engendered in the 
minds of many of the Scottish nobles by the murder of the Earl of Fife that 
drove Sir Alexander de Abernethy into the service of the King of England, 
the fact that it did not prevent this Sir William from being a faithful subject 
of King Robert I. would seem evidence that his father's guilt, in relation to 
that crime, was not considered so great as that of Sir Hugh. 

Towards the end of the thirteenth century Sir William was a witness to 
a charter granted by William, Lord of Douglas ; 3 and during the reign of 
Robert I., — though, from the charters bearing no date, the exact year cannot 
be determined, — as dominus de Saltoun, he granted a messuage and a brew- 
house, formerly held by William, called Wolf, " in villa de Saultone," with 
seven acres of arable land and some pasturage, to the Abbey of Dryburgh, 4 
and confirmed a gift of four acres made by John Bengilloune of Saulton to 
that Abbey. 

Henry Stylle de Saultone, by permission of his superior, Sir William 
Abernethy, also gave to the Abbey one acre and four roods of land adjoin- 
ing the seven acres granted by his lord, 5 for which Thomas de Leys, 
baillie of Saulton, became security ; and it may be inferred that Sir 
William enlarged the donation of two marks from the mill of Ulkestone, 
made by his father, into a grant of the whole mill to the monks of Dryburgh, 
for though that charter is not extant, it was confirmed by his son and 
successor. 

1 Prynne, vol. iii. p. 656. 4 Cart. Dryburgb, No. 304. 

2 Rotuli Scotise, vol. i. p. 32. 

3 Reg. Hon. de Morton, vol. ii. p. 10, No. 13. 5 Ibid. No. 301. 



THE ABERNETHIES OF SALTOUN, LORDS SALTOUN. 31 

He appears to have died towards the end of the reign of Eobert I. and 
left two sons — 

William, his successor, 
Lawrence. 1 

SIE WILLIAM ABEBNETHY, third of Saltoun. 

No account remains of the early career of the third William Abernethy of 
Saltoun, but he probably followed, like his father, the fortunes of King Eobert I., 
and after the death of that great sovereign, when the successful invasion of 
Edward Baliol had once more opened the way to English conquest, his name 
is found in the list of those that served in the second division of the Scottish 
army at the battle of Halidon Hill, in 1333, from which bloody field he was 
fortunate enough to effect his escape, 2 and doubtless bore his part in the long 
struggle that followed, until its termination in the restoration of Scottish 
independence, for in 1345, David II., in recompence of his friendship and 
good service, conferred upon him the manor of Eothiemay, 3 in the sheriffdom 
of Banff, which had been forfeited by David de Strathbogie, Earl of Athol. 

Willelrnus de Abernethy, miles, filius et heres quondam domini Willelmi de 
Abernethy, militis, confirmed his father's grant of the whole mill of Ulke- 
stone, in Lauderdale, to the Abbey of Dryburgh, 4 and though the confirmation 
is without date, the names of the witnesses, Patrick de Dunbar, Earl of 
March, Eobert de Keth, Adam de Haliburton, Alexander de Seton, Eobert de 
Lowedir, knights ; John Mautalent, dom. de Thyrlestane, Eobert his son, 
Eobert his brother, etc., show that it could not have been of the date sug- 
gested at No. ix. of the Appendix to the Dryburgh Cartulary, viz., 1380, for 
there was no Patrick, Earl of March, in existence then, nor any Eobert de 
Keith old enough to be a witness, and indeed, as Sir Eobert de Keith the 
Marischal was killed at the battle of Durham, any charter witnessed by him 
could not have been granted after 1346. 

The name of Sir William Abernethy is found among those of the witnesses 
to a charter from Sir William de Livingstone to the monks of Newbottle 
in 1338, 5 and to one from Sir John de Maxwell to the Abbey of Dryburgh 

1 See Appendix. 4 Cart. Dryburgh, No. 312. 

- Hailes, Armals, vol. iii. p. 90. 

3 Original Charter in Philorth Charter-room. ' Cart. Newbottle, No. 44. 



32 THE ABERNETHIES OP SALTOUN, LORDS SALTOUN. 

in 1343, and also to the confirmation of this last by William, prior of 
St. Andrews, 1 and to various other charters, sometimes accompanied by that 
of his brother Sir Laurence. 2 

The date of his death is uncertain, but it probably took place about the 
middle of the century. 

He left a son, 

SIE GEOEGE ABERNETHY, fourth of Saltoun. 

In the account of this family given in Douglas Peerage, the name of 
George Abernethy is said to be mentioned in a charter to the Monastery 
of Dryburgh, granted by Walter, the Steward of Scotland, who died in 1326 ; 3 
but if that document was extant when the peerage was written, it has since 
been lost, for a search through Macfarlane's collection of original writs, in 
which it is stated to have been found, shows only one charter from Walter 
the Steward to Dryburgh Abbey, and in that the name does not occur. It is 
quite possible, however, that the statement in Douglas may be correct, for 
George Abernethy was probably born during the first fifteen years of the 
fourteenth century, and with his father supported the cause of David n. 
through the second war of independence. 

He accompanied King David on his invasion of England in 1346, and at 
the battle of Durham was taken prisoner by Thomas de Eokeby the younger, 
and with others sent to the Tower of London for safe custody, by order of 
Edward HI. 4 

How long he remained a prisoner, and what was his future career, cannot 
be ascertained. A charter was granted by Georgius de Abernethy, miles, 
dominus de Saltoun, to John de Kench, recognising his right to a tenement 
in the town of Nether Saltoun, and ratifying his license to grind corn grown 
within the same tenement at the mill of Saltoun, as established by the 
verdict of an assize of honest men, presented " in plena curia mea ibidem 
tenta ;" 5 and though the charter is without date, it appears to have been given 

1 Book of Carlaverock, by W. Fraser, vol. ii. 3 Douglas Peerage, vol. ii. p. 46S. 

pp. 409, 410. 4 Rotuli Scotise, vol. i. p. 67S. Rynier's 

2 Cart. Newbottle, Nos. 43, 55, 208 ; and Foedera, vol. v. p. 534. 

Carta Originales at end of Newbottle Cartu- 5 Original Charter at Salton Hall [Mr. 

lary. Fletcher], 



THE ABEENETHIES OF SALTOUN, LORDS SALTOUN. 33 

about the middle of the century, certainly before 1367-8, for the witnesses 
are " dominis Willelmo de Ramsay, vicecomite Laudoniae, Willelmo de Ballivo, 
Alexandra de Haliburton, militibus, Ectore de Laweder, Alexandra de Linde- 
say, Thoma de Hop-pringill, Johanne Lawys, et multis aliis ;" and Symon de 
Preston was sheriff of Lothian on the 13 th of January in that year, and held 
the same office on the 23d February 1369-70, 1 while Alexander de Lindesay, 
who was not a knight when he witnessed the charter, had attained to that 
dignity before the 6th of March 1368. 2 

Sir George Abernethy was one of the witnesses to the contract of mar- 
riage between John, son of Alexander de Cockburn, by his first wife, and 
Johneta, daughter and heiress of Alexander de Lyndesay de Ormystoun, 
which was confirmed by David II. 23d February 1369-70. 3 His seal is still 
attached to the charter in favour of John de Kench, and bears a lion rampant 
without the surmounting bend dexter, which seems to have been an omission 
on the part of the engraver, as it appears on the earlier seal of Sir Alexander 
de Abernethy in 1292, and also on subsequent seals of the family. 

He left two sons, 

George. 

John. 4 




Seal of Sir George Abernethy, fourth of Saltoun. 



SIE GEOEGE ABEENETHY, fifth of Saltoun. 

The paucity of record renders it difficult to distinguish this individual from 
his father, but it is more probable that it was he that attended the coronation 
of Eobert n. on the 27th of March 1371, and then swore fealty to him. 5 

1 Robertson's Index, p. 79, No. 135, p. 84, 3 Robertson's Index, p. S4, No. 1S4. 
No - 184. i See Appendix. 

2 Acts of the Parliaments of Scotland, vol. i. 5 Acts of the Parliaments of Scotland, vol. i. 
P- 14S. p. 181. 

VOL. II. E 



34 THE ABERNETHIES OF SALTOUN, LORDS SALTOUN. 

Georgius de Abernethy, miles, dominus de Sawylton, was a witness to a 
charter of the lands of Lochirmagus (Longformacus) from George, Earl of 
March to Sir James Sinclair, on the 22d June 1384 j 1 and on the 8th 
November 1391, Robert III. confirmed to Sir William Stewart of Jedworth 
certain lands and tenements in the territory of Minto, together with the 
advowson of the church, resigned in his favour by Sir George de Abernethy. 2 

Froissart, in his account of the battle of Otterbourne, fought between 
James, second Earl of Douglas, and Sir Henry Percy, in 1388, in which the 
former was killed and the latter defeated and taken prisoner, gives the name 
of the Seigneur de Faucon among those of the combatants on the Scottish 
side whom he mentions. 3 There is, however, no person of that name to be 
met with in any other record or document. Translators and commentators 
have rendered the name as Lord Saltoun, 4 and if they are right, it must have 
been this Sir George Abernethy, dominus de Saltoun, who took part in that 
desperate encounter. 

He died towards the end of the fourteenth century, leaving a son, 

SIR WILLIAM ABERNETHY, LADY MARIA STEWART, 

SIXTH OF SALTOUN. DAUGHTER OF THE REGENT ALBANY. 

Sir William Abernethy succeeded his father about the end of the 
fourteenth century. He had married a daughter of Robert, Duke of Albany, 
afterwards Regent of Scotland, a connection that doubtless increased his 
power and influence. He probably was the person who witnessed a charter 
granted by Sir James de Douglas, Lord of Dalkeith, in 1388. 5 

He served in the army commanded by the Regent's son, Murdoch, and 
Archibald, fourth Earl of Douglas, — nicknamed Earl Tineman, from the 
numerous defeats it was his bad fortune to suffer, although a most valiant 
warrior, — and at the battle of Homildon, lost by those leaders in 1402, he 
was taken prisoner by the English. 6 

On the 21st of August 1404, Robert in. granted a charter of the barony 

1 Douglas Peerage, quoting Cart, penes Jno. 4 Jolines' Translation of Froissart, vol. iv. 
Sinclair. Robertson's Index, p. 144, No. 20. p. IS. 

2 Robertson's Index, p. 157, No. 33. . _ TT . . T ... ._ 

„ _ ; , , ... ° Reg. Hon. de Morton, vol. 11. p. 1G5. 

3 Buchan s Edition of Froissart, vol. n. p. 

730. 6 Scotichronicon, lib. xv. cap. xiv. 



THE ABERNETHIES OF SALTOUN, LORDS SALTOUN. 35 

of Bethie and Kynyaultie, in Forfarshire, to Sir William Abernethy of 
Saltoun, and Maria his wife, upon his resignation of it in the royal hands ; x 
and the king also confirmed Sir William's gift of the lands of Kynaltie in 
that barony to a John de Abernethy. 2 

By a notice in Eobertson's Index of Charters 3 it appears that, on the 25th 
of April 1403, an indenture was made between William de Fentoun of Baky 
on the one part, and Margaret de le Ard of Ercles and Thomas de Chesehelme, 
her son and heir, on the other part, dividing between them certain lands of 
which they were heirs-portioners ; the first named among these lands was 
the barony of Bethy in Forfarshire, and the indenture was confirmed by the 
Begent Albany ; and if the record of this indenture be correct, it would seem 
that the mother of Sir William de Abernethy must have been a lady of one of 
these families, and that she either inherited or received as her portion the 
barony of Bethie, which at her death descended to her son, but no further 
information has been obtained as to which of those families she belonged. 

Sir William was one of ten knights who became hostages for the Earl of 
Douglas, then prisoner to Henry iv., on his being aUowed to go to Scotland 
for a time ; and the safe-conduct for Sir William, dated 30th September 
1405, states that he, with one servant, may reside in any castle, fortified town, 
or other fortress, without being incommoded in any way, except as a 
hostage for the Earl, and that, so soon as the Earl returns to Durham, or to 
the King of England, wherever he may be within that realm, or if the Earl 
shall die before his return, Sir William shall be free and quiet from all action 
as a hostage for him, and shall have forty days' grace to return to Scotland. 4 

During the disturbances that occurred in the northern parts of the 
kingdom about 1411, Sir William's large possessions in those districts, no 
less than his close connection with the Begent Albany, made him a prominent 
supporter of the legitimate authority, then seriously threatened by the rebel- 
lion of the Lord of the Isles ; and with all the force at his disposal he joined 
the army that the gallant Earl of Mar assembled to oppose that chieftain, 
accompanied by his eldest son, William, whose death took place during those 
important events. 

1 Antiquities of Aberdeenshire, vol. ii.p.227. 3 Robertson's Index, p. 167, No. 21. 

2 Robertson's Index, p. 137, No. 1. 4 Rymer's Fcedera, vol. viii. p. 417. 



36 THE ABERNETHIES OF SALTOUN, LORDS SALTOUN. 

As already noticed in the account of Sir Alexander Fraser of Cowie, 
Durris, and Philortk, Euphernia, eldest daughter of William, Earl of Eoss, 
married Sir Walter de Leslie, afterwards styled Lord of Eoss, 1 and, in 
pursuance of the terms of the charter granted by David II., which prohibited 
partition of the earldom and estates, succeeded her father as Countess of 
Eoss. 

She had a son, Alexander de Leslie, who succeeded her as Earl of Eoss ; 
and a daughter, Margaret, who married Donald, Lord of the Isles. 

Alexander de Leslie, Earl of Eoss, married Isabel, eldest daughter of 
Eobert, Duke of Albany ; and dying in the prime of life, left an only 
daughter, Euphemia, who succeeded him as Countess of Eoss. 

She is said by some authors to have been deformed and sickly ; however 
this may have been, she avowed her predilection for a conventual life, and 
took the veil. 

Upon Euphemia becoming a nun, or perhaps even before that event, her 
aunt Margaret asserted her right to the earldom as next heir, according 
to the charter by King David n., and her husband, Donald, Lord of the Isles, 
supported her claim ; but the Eegent Albany, who had his own designs 
npon the title and property in question, peremptorily refused to listen to 
their pretensions. 

The Lords of the Isles were very powerful barons ; descended, according 
to tradition, from the great Somerled, one of the Scandinavian adventurers 
who settled in the Hebrides and adjacent mainland, they had been at times 
subject to the Scottish Crown, but more often had arrogated to themselves 
the title of King of the Isles, and had treated with the English monarchs 
on the footing of independent sovereigns. 

Donald himself had thus treated with King Eichard n. in 1388, and 
burning with resentment at the refusal of the Eegent Albany to listen to 
his wife's claim on the earldom of Eoss, he determined to obtain by force 
what he could not get by favour. 

Assembling his hereditary vassals of the Isles, and backed by many in 
the earldom who favoured his cause, he speedily subdued the whole north- 
western district, as far as Inverness. 2 

1 Reg. Mag. Sig., Lib. liii. - Scotichroiiieou, lib. xv. cap. xxi. 



THE ABERNETH1ES OF SALTOUN, LORDS SALTOUN. 37 

Had lie been content with thus regaining the possessions, which were 
undoubtedly those of his wife by right, failing her brother's direct issue, 
little fault could have been found with him considering the manners of the 
age; but elated by success, he aspired to further conquest, and proceeded 
on through the counties of Moray and Banff, ravaging, burning, and 
devastating the land, and approached the town of Aberdeen, with the 
intention of reducing it and of making it the base of his operations for the 
subjugation of the whole district north of the river Tay. 

Meanwhile, upon the news of these serious events reaching them, 
Alexander Stewart, tbe heroic Earl of Mar, and Sir Alexander Ogilvy, the 
gallant and good Vicecomes of Angus, who, " semper et ubique justiciam 
dilexit," 1 resolved to do their best to oppose the invasion, and at any rate to 
save Aberdeen, and the district around and to the south of that town, from 
destruction, and proceeded to collect such force for that purpose as could 
be got together on somewhat short notice. 

Many barons of the counties of Aberdeen, Banff, Kincardine, and Forfar 
joined their standard, and among them Sir William Abernethy and his 
eldest son, William. A large body of the citizens of Aberdeen, under the 
leadership of the brave Provost, Sir Bobert Davidson, also came forward to 
share in the defence of their native town ; but such was the rapidity of the 
invader's march, that he had reached Harlaw, a few miles north-west of 
Aberdeen, ere the Earl of Mar was able to oppose his further progress. 

At Harlaw, with an army inferior in numbers, but highly efficient accord- 
ing to the tactics of that age, consisting of knights and men-at-arms, with 
the sturdy foot-soldiers of the royal burgh, the Earl of Mar encountered the 
host led by the Lord of the Isles, which amounted at the least to above ten 
thousand men, and by some accounts has been swollen to twenty thousand, 
composed principally of the Highland and Island tribes, that devotion to his 
cause, or the desire of plunder, had attracted to his ranks. 

The battle was long and bloody ; for a whole summer day the band of 
heroes, commanded by the Earl of Mar, resisted the assaults of their brave 
but undisciplined enemies ; and although the inferiority of their numbers, 
and the loss of many of their best leaders, prevented them from pursuing any 

1 Scotichronicon, lib. xv. cap. xxi. 



38 THE ABERNETHIES OF SALTOUN, LORDS SALTOUN. 

advantage they might gain, at nightfall they still held their ground, and had 
checked the torrent that threatened destruction to thern and their country. 

Both armies rested for the night in the positions they had occupied in the 
morning, anticipating a renewal of the fearful struggle with the return of day. 

But it was not so to be ; during the night dissensions arose among the 
chiefs of the Highland tribes, many of whom, according to their general 
custom, wished to retire to their fastnesses with the booty they had already 
obtained, rather than risk the loss of it and their lives together ; and Donald 
himself, having seen his numerous host repulsed and all but defeated by a 
comparatively small body of troops, could scarcely avoid the conviction that 
he had undertaken an enterprise beyond his power, or be free from appre- 
hension as to what might be the result when his adversaries should receive 
reinforcements, or when he should encounter the whole force of the kingdom. 

On the morrow, instead of renewing the combat, the Lord of the Isles 
commenced his retreat, which he effected without interruption, his opponents 
having suffered so severely as to be unable to pursue him ; but he was 
quickly abandoned by most of the Highland tribes, and his army was almost 
dispersed. 

Such was the battle of Harlaw, fought on the eve of St. James the 
Apostle's day, in July 1411, of which event some historians appear not to 
have understood the importance, for had the Lord of the Isles been able to 
continue his victorious career, and to penetrate into the heart of the kingdom, 
the consequences might have been very serious at that time, when King 
James I., as yet a minor, was a prisoner in England, and the government was 
in the hands of the sagacious but unpopular Eegent Albany ; and Scotland 
owes a deep tribute of gratitude to the memory of the brave men who 
repelled an invasion, the success of which might have retarded the civilisa- 
tion and prosperity of the country for many a day. 

But the victory was not gained without severe loss among the conquerors, 
and the voice of lamentation was heard in many a home, whether of the 
proud nobles of the land or the humbler citizens of Aberdeen. Of these latter, 
who had proved themselves worthy to fight side by side with the best 
warriors of their day, five hundred, with their gallant Provost, Sir Bobert 
Davidson, at their head, were slain ; and in the list of the dead, in company 



THE ABERNETHIES OF SALTOUN, LORDS SALTOUN. 39 

with the names of Sir James Scrymgeour, Constable of Dundee, Sir Alexander 
Irvine of Drum, Sir Bobert Malvil, Sir Thomas Moray, Alexander Straiton, 
and many others, occurs that of William Abernethy, son and heir of the Lord 
of Saltoun, and " nepos Gubernatoris" grandson of the Kegent. 1 

This William Abernethy had married Margaret, a daughter of Sir William 
Borthwick, 2 who after his death became the wife of Sir James Douglas of 
Dalkeith, and by her he had at least two sons — 

William, who succeeded his grandfather. 

Laurence, who succeeded his brother. And probably a third, 

Oswald. 3 

After the loss of his eldest son, Sir William Abernethy survived for 
nine years, until 1420, when his death, from the pestilence called "le 
Dubrow," is recorded by Bower, 4 who terms him a magnanimous knight. 

By his wife, Lady Maria Stewart, he had issue two sons — 

William, killed at Harlaw. 

Patrick. 5 And perhaps a third, 

John. 6 

SIE WILLIAM ABEBNETHY, seventh of Saltoun. 

In consequence of his father's death at the battle of Harlaw, William 
Abernethy became heir to his grandfather, to whom he succeeded in 1420. 

In 1423 his name appears as one of the Magnates Scotise who went to 
meet King James I. at Durham, 7 to assist in the negotiations for his release 
from captivity, and to congratulate him upon his marriage ; and in the follow- 
ing year he was one of the hostages delivered to the English monarch for pay- 
ment of the ransom of his sovereign, 8 at which time his estates were valued 
at an annual rental of 500 marks, a considerable property in those days. 

His life was but short, and he died before 1428, in which year his brother 
Laurence appears as Dominus de Saltoun, which is evidence of his having 
left no issue. 

1 Scotichronicon, lib. xv. cap. xxi. 5 See Appendix. 

2 Robertson's Index, p. 167, No. 29. G Ibid. 

3 See Appendix. 7 Rotuli Scotias, vol. ii. pp. 244, 243, 252. 
* Scotichronicon, lib. xv. cap. xxxii. s Ibid. p. 248. 



40 THE ABERNETHIES OF SALTOUST, LORDS SALTOUN. 

SIR LAURENCE ABERNETHY, 

EIGHTH OF SALTOUN AND FIEST LOED SALTOUN. 

By all genealogists this Laurence has been termed son of Sir William 
Abernethy, seventh of Saltoun ; but a consideration of the ages of two or 
three of his immediate predecessors -will show this to have been impossible. 

The Sir William Abernethy, sixth of Saltoun, who was husband of the 
Regent Albany's daughter, and died in 1420, could not have been born much 
earlier than 1355 or 1360; and his son William, who fell at Harlaw in 1411, 
would have been born about 1378 or 1380; and the birth of William, the 
seventh of Saltoun, may therefore with reason be placed about 1400. 

But in 1428 Laurence Abernethy, Dominus de Saltoun, is found trans- 
acting' business as a grown-up man, 1 for he was one of the "consale" or 
friends and supporters of John the Sancler (Sinclair), Lord of Hyrdmanstoun, 
at the settlement of a dispute between him and Sir Herbert of Maxwille, 
Lord of Carlaverock, respecting a portion of the lands of Pencaitland, which 
was effected by the verdict of an assize held at Edinburgh on the 2d of June 
in that year. 

He therefore could not possibly be the son of a person who, if he had 
lived till then, would have been only about twenty-eight or thirty years of 
age ; and it is evident that he must have been brother to William, the 
seventh of Saltoun, and therefore a younger son of the William Abernethy 
killed at Harlaw. 

From the above it appears that he had succeeded his brother in the family 
possessions by the year 1428, and he was evidently a person of considerable 
power and influence. 

Soon after his return from captivity in England, King James the First 
instituted the rank of Barons as Peers of Parliament, a dignity prior to that 
time unknown in Scotland, though it had been long in use in the neigh- 
bouring kingdom, and Sir Laurence was one of the first selected for that 
honour by King James II. 

Although there is sometimes considerable difficulty in ascertaining the 
exact date of the creation of the earliest Scottish baronies of Parliament, 

1 Book of Carlaverock, vol. ii. p. 429. 



THE ABERNETHIES OF SALTOUN, LORDS SALTOUN. 41 

yet in this instance the date is fixed by the transactions at the ranking of the 
nobility of Scotland in 1606, by order of James VI., when the Lord Saltoun 
of that day produced an instrument under the hand of George Schorswald, 
bearing that the king, on the 28th June 1445, created Laurence de Abernethy 
of Eothiemay a Lord of Parliament, and ordained him to be styled Lord 
Saltoun of Abernethy. 1 

Sir Laurence, however, does not appear to have at once assumed this 
designation, possibly from its novelty, for on the 13th March 1447-8, as 
" Laurentius Abernethy ex eodem de Eothiemay, Miles," he granted to John, 
son and heir of Philip de Auchanayouche, the lands of that name, in the 
barony of Eothiemay. 2 

His wife, however, seems to have been more conscious of her increase of 
dignity, for on the 28th October 1448, Margaret, Lady Saltoun, obtained a 
notarial transumpt of a charter, granted in 1443 by John de Haliburton of 
Sawlyne, in Fife, to his son and heir, Alexander de Haliburton, and Katherine 
his spouse, in conjunct fee, of his lands called the Bordlands, in the barony 
of Sawlyne. 3 

If the record be correct, that the abbot and monks of Deir feued their 
lands of Barre, in Strathisla, to the Lord Saltoun of Eothiemay in 1449, 4 it was 
Sir Laurence who obtained that addition to his property in Banffshire. 

Much irregularity seems to have existed at first in the designation of the 
newly created peer and his successors, and for the next two generations the 
titles of Lord Saltoun, Lord Abernethy, 5 Lord Abernethy of Eothiemay, appear 

1 Rec. Pari., p. 39. George Schorswald of " Henricus dominus Abernethy, Justi- 
may have been the George of Schoriswood, ciarius Regis ;" and a Lancelot de Abernethy 
Bishop of Brechin, and Chancellor of Scot- was the king's prolocutor in that process, 
land, 1456 to 1460. Origines Parochiales, Acta Pari. Scotise, vol. ii. p. 76. It is not 
vol. i. p. 175. easy to say who this Henry Lord Abernethy 

2 Antiquities of Aberdeenshire, voL ii. p. was. His title of " Dominus " may have been 
228. applied on account of his justiciarskip, or he 

3 Original Charter at Salton HalL may have been one of the family of Douglas, 

4 Antiquities of Aberdeenshire, vol. ii. pp. Earls of Angus, who had inherited the 
420, 426. barony of Abernethy, in Fife, from Margaret 

5 On the 9th June 1455, in the arraignment de Abernethy, Countess of Angus, the eldest 
of James, Earl of Douglas, for high treason, daughter of Sir Alexander de Abernethy ; 
one of the crimes with which he was charged or, possibly, Henricus may have been written 
was the ravaging and spoliation of the Grange by mistake for Laurencius. 

VOL. II. F 



42 THE ABERNETHIES OF SALTOUN, LORDS SALTOUN. 

to have been used indifferently, the two latter being more usually found, until 
gradually supplanted by the former; and in the years 1483 and 1493, the 
names Lord Abernethy in Eothiemay, and Lord Saltoun, were applied to the 
same individuals in documents, to which reference will be made hereafter. 

It is difficult to ascertain the attendances of the first Lord Saltoun in Par- 
liament, but he may have been the Lord Abernethy whose name, on the 1 Oth 
October 1456, appears first on a list of barons chosen to administer justice 
during a pestilence that then raged in Scotland. 1 

There is no record of the date of his death, but it must have occurred 
before the 13th March 1460, when his son and heir, William, obtained sasine 
of the barony of Saltoun. 

Unfortunately the surname of his wife cannot be traced, but they had 
issue — 

William, who succeeded him. 

James, who succeeded his elder brother. 

George. 2 

Archibald. 3 

Christiana, married Sir John Wemyss of Strathardill. 

Elizabeth, married John Gordon, eldest son of John Gordon of Scardargue. 

WILLIAM ABEENETHY, second Lord Saltoun. 

By authority of a brief from the King's Chapel, William Abernethy, 
son and heir of the late Sir Laurence, Lord Abernethy in Eothiemay, received 
sasine of the barony of Saltoun at the hands of Patrick de Cockburn of 
Newbegyn, Sheriff-depute of Edinburgh, on the 13th of March 1460. 4 

He resigned the whole of his possessions into the hands of King 
James the Third at Edinburgh, on the 28th of January 1463, 5 and the king 
thereupon granted him a new charter of them. The same ceremony was 
repeated on the 4th of August in the next year, at Inverness, probably on 
account of one of his estates, the barony of Corncairn, having been omitted 
in the former charter. 

1 Acta Pari. Scotia?, vol. ii. p. 46. 4 Original Sasine at Salton Hall. 

2 See Appendix. 

3 Ibid. 5 Reg. Mag. Sig., Lib. vi. Nos. 79, 114. 



THE ABERNETHIES OF SALTOUN, LORDS SALTOUN. 43 

These estates consisted of the baronies of Eothiemay and Corncairn, in 
Banffshire ; of Bethie, in Forfarshire ; of Glencorse, in the county of Edin- 
burgh; of Plenderlaith, in Eoxburghshire ; and of Saltoun, in Haddington- 
shire ; with the lands of Dalgetty, in Fife ; of Dalders, in Stirlingshire ; and 
of Lyelstoune and Ugistoune, in Berwickshire, — all considerable properties 
in eight different counties. 

The charters are somewhat of the nature of an entail, for the subjects 
dealt with are settled first upon William, Lord Abernethy, and his heirs-male; 
and then upon his brothers, James, George, and Archibald, and their heirs- 
male in succession ; all of whom failing, the destination was continued to 
their cousin John, son of the late Oswald de Abernethy. In the second 
charter there is inserted a reservation of the tierce of Lord Abernethy's wife, 
should she survive her husband, which does not appear in the first, and 
seems to indicate that his marriage took place between the dates of the two 
documents. 

He once more resigned all his estates into the hands of the king, by 
whom they were regranted to him on the 10th of January 1482, and erected 
into one free barony of Abernethy in Eothiemay, with similar destinations 
to those in his two former charters, except that his brother Archibald having 
died, his heirs-male are substituted for him. 1 The reservation of the tierce 
of Lord Abernethy's wife being omitted, appears to point to her having been 
also dead, though if that were the case he married a second time, for he 
left a widow. 

In this charter he and his successors are to do service for the whole 
barony of Abernethy in Eothiemay, at the court of the sheriffdom of Banff 
only, instead of at those of the several sheriffdoms in which the lands were 
situated, from which services they are exonerated ; and this concession was 
probably obtained on account of his having made Eothiemay his principal 
residence. He was styled " consanguineo nostro " by the king in the two 
former charters, but in this last his designation is " consanguineo, et con- 
silario, nostro," showing that he had become one of the roj r al council. 

It is difficult to ascertain with precision his attendances in Parliament, 
but, as William, Lord Abernethy, he was present in 1464, when an Act was 
1 Reg. Mag. Sig., Lib. x. No. 52. 



44 THE ABERNETHIES OF SALTOUN, LORDS SALTOUN. 

passed revoking certain alienations and leases of Crown lands granted by the 
late King James n. -, 1 and also in 1469, when he was a member of the court 
that tried Alexander Boyd of Drumcoll for high treason. 2 There are two 
other notices in the Parliamentary records that can only apply to him, 
though the Christian name is not mentioned, viz., the attendance of Lord 
Saltoun on the 18th February 1471, and the absence of Lord Abernethy in 
Eothiemay on the 20th of November 1478. 3 

During his life, however, there are nine other instances of attendance on 
the part of " Dominus," or Lord Abernethy, noted, without any Christian 
name, viz., one in 1469, two in 1471, one in 1474, one in 1476, three in 
1478, and one in 1482 ; 4 and there is also a notice of the attendance of 
Georgius dominus Abernethy on the 6th of May 1471, when he was chosen 
commissioner for the judges on the articles. 5 

Some of the above notices may apply to the " Henricus," the king's 
Justiciary, already mentioned in note ( 5 ) to the account of the first Lord 
Saltoun ; and the George may have been the second Lord's brother of that 
name, who may have borne the title of dominus from some office held by 
him; but on one of these occasions, the 20th February 1471, when the 
annexation of the Earldom of Orkney and the Lordship of Shetland to the 
Crown was enacted, it seems that it must have been the Peer himself that 
was present. 6 

A Lancelot de Abernethy appears as prolocutor for the Crown at the 
arraignment of James, Earl of Douglas, in 1455, and again at the trial of 
Alexander Boyd of Drumcoll in 1469. 7 He seems to have been an eminent 
lawyer, and as early as 1440 is found as one of the commissioners of burghs; 
but there is no trace remaining of his relationship to Lord Abernethy, 
however (while there exists so little information about the junior branches, 
that it is impossible to say who he, or the Henricus and Georgius, domini 
Abernethy, may have been) the succession from Sir Lawrence, created Lord 

1 Acts of the Parliaments of Scotland, 6 Acts of the Parliaments of Scotland, 
vol. ii. p. 84. vol. ii. p. 98. 

2 Ibid. p. 186. 

3 Ibid. pp. 102, 120. c Ibid. p. 102. 
i Ibid. pp. 93, 102, 108, 113, 116, 117, 

119, 142. 7 Ibid. pp. 76, 1S6. 






THE ABERNETHIES OF SALTOUN, LORDS SALTOUN. 45 

Saltoun of Abernetliy in 1445, to his sons William and James, is distinctly- 
proved by the sasine of the one in Saltoun as heir to his father, and the 
retour of the other as heir to his brother. 

William, Lord Abernethy, was one of the witnesses to a bond of man- 
rent given by Lord Forbes to the Earl of Huntly on the 8th of July 
1468, and also to the charter of the lands of Abergardine, in Aboyne, 
with those of Tulyfour and Tulykery, granted in return by the Earl to 
Lord Forbes. 1 

In 1471 he became lawborough or security for Walter Stewart of Morfy, 
who, with some of his associates, had committed certain depredations upon 
the property of Mnian and Eobert Bonar, for which they were ordered to 
make restitution, and the Lord of Olipbant becoming lawborough for these 
latter, the quarrel appears to have been settled. 2 

In 1483, as William, Lord Saltoun, and again in the same year as 
William, Lord Abernethy, 3 an action was brought against him, as heir of the 
late Laurence, Lord Abernethy, by John Oliphant of the Dron, heir to Thomas 
Olipbant, for twelve score marks, the price of the "maritagium" of the Laird 
of M'Karstoun, purchased by George Ormiston, for whom his father bad 
been security, but it being proved that George Ormiston had paid the money 
in question to Thomas Oliphant, he was assoilzied, and the complaint 
dismissed. 4 

The Ormistons, father and son, do not appear to have been connected 
with the estate of that name in East Lothian, which had passed to the 
Cockburns in the previous century, by marriage with the heiress of Sir 
Alexander de Lindesay; but they probably belonged to a family that bore the 
name as early as 1316-26, and took it from the Ormiston in Eoxburghshire. 5 

Unfortunately neither of the family names of Lord Saltoun's two wives, 
if, indeed, he was twice married, are upon record. His widow is styled 
Isabella, Lady Abernethy in Eothiemay; and in 1489 and 1492 she had 
several lawsuits with persons of the names of Christian Pratt, John and 
Alexander Gordon, and John Currour, respecting their unlawful occupation 

1 Antiquities of Aberdeenshire, vol. iv. pp. 3 Act. Dom. Audit., pp. 133, 143. 
403, 405. 4 Act. Dom. Concil., p. 96. 

2 Act. Dom. Audit., p. 18. 6 Origines Paroehiales, vol. i. p. 352. 



46 THE ABERNETHIES OF SALTOUN, LORDS SALTOUN. 

of various lands, and as regards the last of them for his spuilzie of the 
place of Inchetomoch, in which transactions she appears to have been pretty 
successful. 1 

William, the second Lord Saltoun, died in an eventful period of Scottish 
history, in June 1488, when the battle of Sauchieburn was fought between 
King James the Third and his eldest son, the Prince of Scotland, afterwards 
King James the Fourth. The second Lord Saltoun left no issue. He was 
succeeded by his brother James. In his retour on 10th October 1488, it is 
stated that William, the second Lord, died about four months previously. 2 



JAMES ABEENETHY, thied Loed Saltoun. 

Upon the decease of the second Lord, without issue, his brother James 
was served heir to him in accordance with the destination in the charters 
already mentioned, and on the 17th of October 1488 he took his seat in 
Parliament; 3 but his attendance there does not seem to have been frequent, 
for the only other instance found in the records is on the 18th of November 
1505, when the following passage occurs in the proceedings : — "And attour 
continewis the action, the matter of the Innes, and the Lord Saltoun, touching 
the slaughter and mutilation is continewed to monu the . . . day of November 
instant, with continewation of dais and this day and the laiff of the dais quhill 
monuday to pass and be comptit as the Parliament held ever ilk day." 4 

This matter does not seem to have been again before Parliament, at all 
events there is no further notice of it, and no trace can be found of the cir- 
cumstances under which the slaughter and mutilation referred to took place. 
The late Mr. Cosmo Innes does not mention anything about it in the history 
of the Innes family edited by him, and the affair is altogether a mystery. 

It has already been noticed that for some generations after the creation 
of the peerage, the titles of Lord Saltoun and Lord Abernethy were employed 
indiscriminately, and the second Lord is seen to have been styled by both 
in the same action at law in 1483. 

1 Antiquities of Aberdeenshire, vol. ii. pp. 3 Acts of the Parliaments of Scotland, 
109, 248. vol. ii. p. 212. 

2 Original Retour at Salton Hall. 4 Ibid. p. 259. 



THE ABERNETHIES OF SALTOUN, LORDS SALTOUN. 47 

In the following bond or obligation the indiscriminate employment of 
these titles is more pointedly shown by their being applied to the same 
individual, the third Lord, in different parts of one document, of which the 
date is 1493. 1 

" In presence of the Lords of Consale George Eobinson has bundin and 
oblist him to stand and abid at the deliverance consale and ordinance of the 
Lord Abirnethy in Eothiemay, or what other persons Master Walter Abir- 
nethy preist of Dunbertane will nem and assigne to the saide lord anent the 
xvi oxin, five ky, four stirks, four score twa scheip and breking of the saide 
Master Walter's chawmer, and taking out of the samyn twa fedder beds a 
double curlet of sey, a pare of ffustiane blanketis, a bankure, four cushings, twa 
graphis of silver, a spone owergilt and certane othir gudes And as the said 
Lord Saltoun and the persons lymit and assignit to him by the said Master 
Walter deliveris in the said matter the said George to pay to the said Master 
Walter and letters to be written to distreye the said George for samekle as 
thai ordand him to pay to the said Master Walter." 

Upon the 16th of October 1493, James Lord Abernethy attended before 
the Lords of Council to excuse his absence from the royal army during an 
expedition to the Western Isles, 2 which was probably that directed against 
John Lord of the Isles, who had been Earl of Eoss, after his treasonable 
correspondence with the King of England in 1481 was discovered. He pro- 
tested that, having been summoned, and having appeared, first at Stirling 
and a second time at St. Andrews, having produced a copy of the summons, 
and declared himself ready to answer it, and no one having come forward to 
produce the original summons, or to prosecute him, a note of these facts 
should be made, and that " it suld turne him to na prejudice cpihill he were 
orderly jornayit." 

In the Accounts of the Lord Treasurer, there is the following entry on 
the 5th of October 1496 : — " Item, to the Lord Saltounis man that brocht 
peris (pears) to the king, ix s." 

For some years prior to 1498, he and his son and heir, Alexander, were 
engaged in litigation against Adam Hepburn of the Craigs, and his wife, 
Elizabeth Ogstoune, together with Sir John Wemyss of Strathardill and his 
1 Act. Dom. Condi., p. 315. 2 Act. Dom. Concil, p. 302. 



48 THE ABERNETHIES OF SALTOUN, LORDS SALTOTJN. 

spouse, Christiana Abernethy, who claimed some right of inheritance in the 
moveable property and in some of the landed estates of the deceased William, 
second Lord. 1 

The claim on the part of Christiana Abernethy and her husband is intel- 
ligible enough, as she was a daughter of Lawrence the first Lord, and there- 
fore sister to the second and third Lords, against the latter of whom she 
brought her action ; but that of Elizabeth Ogstoune is more obscure, though 
she may have been the child of another daughter of the first Lord. She was 
the coheiress of Walter, Laird of Ogstoune, or Ogistoune, who also held the 
lands of the Craigs, or Cragy, in the east of Aberdeenshire ; 3 but if any such 
alliance took place between his family and the Abernethies, all record of it 
has been lost. 

This lawsuit was, however, terminated on the 1st of July 1498, by a 
reference to a court of arbitration, consisting of Eobert, Archbishop of Glas- 
gow, Andrew, Bishop of Moray, John, Prior of St. Andrews, George, Earl of 
Huntly, Patrick, Earl of Bothwell, Lord Hailes, Patrick Home of Fastcastle, 
and Master Eichard Lawrence, clerk of justiciary, by whom it was settled, 
and the sums due to the ladies — probably daughters' portions- — were ap- 
pointed to be paid to them, which, in the case of Adam Hepburn and 
Elizabeth Ogstoune, amounted to nine hundred marks, for which they granted 
a receipt on the 28th of August of the same year. 

The date of the third Lord Saltoun's death is uncertain, but it occurred 
before the year 1512, when his son and heir appears in possession of the title 
and estates. 

No mention is found of the name or family of his wife, but he had issiie 
one son, at least, and three daughters. 

Alexander. 

Margaret, married John Stirling of Craigbernard. 3 

Janet, married Alexander Ogilvie of Deskford. 4 

Elizabeth, married Alexander de Hay of Ardendracht. 5 

1 Act. Dom. Concil., pp. 326, 332. 3 Douglas Peerage. 

4 Ibid. 

2 Antiquities of Aberdeenshire, vol. iii. 5 Antiquities of Aberdeenshire, vol. iii. 
p. 170. p. 506. 



THE ABERNETHIES OF SALTOUN, LORDS SALTOUN. 49 

ALEXANDEB ABEBNETHY, fourth Lokd Saltoun. 

The first appearance of the fourth Lord Saltoun occurs in 1490, during 
the life of his father, when, as Alexander, Master of Saltoun, he obtained a 
decreet from the Lords of Council against Alexander, Master of Huntly, Lord 
Gordon, ordering him to restore to the Master of Saltoun the teinds and 
profits of the kirk of Eothiemay, which he had wrongfully usurped and taken. 1 

About the year 1491, his father infefted him in the baronies of Saltoun 
and Glencorse, and all his other possessions, reserving his own liferent, and 
the tierce of his wife if he should have one ; and this gift was confirmed by a 
charter under the great seal of King James iv. 2 

He had succeeded his father in or before 1512, for as Alexander, Lord 
Saltoun, he was present at a decision given in that year to fix the marches or 
boundaries between the lands of Slains, belonging to the Earl of Errol, and 
those of his brother-in-law, Hay, Laird of Ardendracht ; 3 but as he was infeft 
along with his father in all the family estates before his succession, he 
appears to have shared in the management of the property for some years 
prior to the decease of the former. 

It is probable that he served in the royal army during the invasion of 
England by King James iv. in 1513, and was at the battle of Flodden ; but 
he had the good fortune not to share the fate that overtook his king and so 
many of the best and bravest of his compatriots. 

During the years 1514-17, he purchased from Alexander Innes of Innes 
and from Sir John Ogilvie of Scattertie, the lands of Quorsque (Corskie) and 
Knockorthy, Auchindaveris, and Eomore, Ardmale, Torax, and Muiralehouse, 
all in the barony of Aberkerdor and county of Banff, of which acquisitions he 
obtained charters in 1533 and 1538 under the great seal of King James v. 4 

From the paucity of record it is impossible to say with certainty to which 
party he belonged during the stormy minority of that king, but the great 
power of his neighbour, the Earl of Huntly, in the north of Scotland, renders 
it probable that he adhered to the cause of the Queen Dowager, which pro- 
bability is strengthened by his absence from the Farliament convened by 
1 Act. Dom. Concil., p. 145. 2 Reg. Mag. Sig., Lib. xii. No. 342. 

3 Antiquities of Aberdeenshire, vol. iii. p. 154. 

4 Reg. ilag. Sig., Lib. xix. Nos. 71, 119, 120, 143 ; Lib. xx. No. 9. 

VOL. II. G 



50 THE ABERNETHIES OF SALTOUN, LORDS SALTOUN. 

the Earl of Angus in 1526, and by his first attendance having been in 
September 1528, when, the king having escaped from the semi-captivity in 
which he was held, and assumed the reins of government, that Earl, with 
his brother, George of Douglas, and Archibald Douglas of Kilspindie, were 
attainted for high treason, and incurred forfeiture. 1 

This is the only occasion upon which his name is found in the Parlia- 
mentary Kecords ; he is styled Lord Saltoun, and his death occurred very 
soon afterwards, for the Dowager Lady Saltoun, daughter of James, Earl of 
Buchan, the uterine brother of King James III., who must have been his 
widow, is said to have built the house of Park, in Banffshire, in 1530. 2 

The seal of Alexander Abernethy, during his father's lifetime, before his 
succession as Lord Saltoun, of which a woodcut is annexed, is the earliest of 
which an impression remains extant, bearing in the second and third quarters, 
argent, three passion nails, or piles, gules, quartered with the Abernethy lion 
first and fourth. 3 

These passion nails, or piles, were the insignia of Wishart. a name of 
very ancient standing in Scotland, and from their being quartered by the 
Abernethy family, it is probable that they represent a marriage with an 
heiress of that race ; but there is no record of such an event having taken 
place, and the date of it, together with the identity of the Abernethy, 
who was the husband of the Wishart heiress, can only be approximately 
established by circumstantial evidence. 

The Wisharts were eminent in early Scottish history ; several of the race 
were bishops of Glasgow and of other Sees. Nisbet, on the authority of Sir 
James Dalrymple's collections, says that there was an Adam Wishart of Logie 
in 1272 ; 4 and Wishart of Pittarrow was also a very ancient family, probably, 
dating from almost as early a period; while William Wishart received a 
charter of the lands of Plenderlathe from King Kobert I., i.e. before 7th June 
1329, the date of that monarch's death. 5 

1 Acts of the Parliaments of Scotland, the margin of Robertson's Index Plender- 
vol. ii. p. 322. lathe is said to be in " in vie. Angus," but 

2 Antiquities of Aberdeenshire, vol. ii.p. 1 OS. this must be an error, for there is no such 

3 Laing's Scottish Seals, vol. ii. No. 25. place in Forfarshire, and the only Plender- 

4 Nisbet's Heraldry, vol. i. p. 201. lathe, or Plenderleith, is that in Roxburgh- 

5 Robertson's Index, p. 27, No. S 2 . In shire. 



THE ABERNETHIES OF SALTOUN, LORDS SALTOUN. 51 

It seems to have been with this last family that the alliance took place, 
and it occurred before 1463, for among the possessions of William de 
Abernethy, second Lord Saltoun, enumerated in the charter which he received 
from King James hi. on the 28th of January in that year, is found the 
barony of Plenderleith, in Eoxburghshire. 

The seal of Sir George Abernethy, fourth proprietor of Saltoun, of which 
a woodcut has been given, does not bear the Wishart quartering, and it 
may, therefore, be inferred that the marriage in question had not taken 
place before his time, viz., 1330 to 1370. 

The marriage of Sir William Abernethy, the sixth of Saltoun, to Maria, a 
daughter of the Eegent Albany, and that of his son William, killed at Harlaw, 
to Margaret, a daughter of Sir William de Borthwick, are upon record ; and 
Sir William, the seventh of Saltoun, appears to have been unmarried, at all 
events he died without issue at an early age, and there is no mention found 
of his wife. It also appears probable that the marriage of William, ninth 
of Saltoun, and second Lord Saltoun, occurred in 1463-64, after the date of 
his first charter, in which Plenderleith is found. 

The number of those who could have contracted such an alliance, there- 
fore, appears to be limited to three : Sir George, fourth of Saltoun ; his son, 
Sir George, fifth of Saltoun ; and Sir Lawrence, eighth of Saltoun, and first 
Lord Saltoun ; the names of whose respective wives are not upon record. But 
in the account of Sir William, the sixth of Saltoun, it has been already noticed 
that his mother, and, consequently, the wife of his father, Sir George, the 
fifth of Saltoun, was probably either a member of the family of Fentoun of 
Baky, or of that styled De la Ard of Ercles, or Chisholm, and brought the 
barony of Bethie to her husband's family. 1 

There is nothing found in the account of Sir Lawrence, eighth of Saltoun, 
and first Lord Saltoun, to lead to the inference that it was he who married 
one of the Wishart family ; and Sir George, fifth of Saltoun, is the earliest of 
the Abernethy name that appears in connection with Boxburgh, for in 1391, 
as already mentioned, he resigned certain lands and tenements, together with 
the advowson of the church of Minto situated in that county; and as it was 

1 Most probably of that of Fentoun, as, in the division of property, 1 403, Rethie fell to the 
share of that family. 



52 THE ABERNETH1ES OF SALTOUN, LORDS SALTOUN. 

by no means necessary in that age that the husband of an heiress should 
assume her arms, though their children would do so, it appears most likely 
that his father, Sir George Abernethy, fourth of Saltoun, was the individual 
who married the heiress of Plenderleith, in which case, as he was probably 
born during the first fifteen years of the fourteenth century, and would have 
been married about 1330 or 1340, she may have been the daughter of the 
William Wishart who received that estate from King Eobert I. 

Alexander, fourth Lord Saltoun, left issue, at least, two sons and one daughter — 

William, who succeeded him. Laurence. 1 

Beatrix, married to Alexander Forbes of Pitsligo. 2 

And perhaps a second daughter — 

Agnes, for whose marriage to William Innes of Innes, in 152S, a Papal 
dispensation was obtained. 3 




WILLIAM ABERNETHY. ELIZABETH HAY, 

FIFTH LORD SALTOCN. DAUGHTER OF JOHN, SECOND LORD YESTER. 

From his mother being called Dowager Lady Abernethy in 1530, William 
Abernethy must then have succeeded his father, the fourth Lord. 4 

He married Elizabeth Hay, daughter of the second Lord Yester, in or 
before the year 1512 ; but either from the youth of the bride, or from some 
other cause, his son and heir was not born for many years after his mar- 
riage. His father settled the estate of Dalders, in Stirlingshire, and a 
part of Ptethie, in Forfarshire, upon the young couple, 5 

In 1536, as William, Lord Saltoun, he and his wife obtained a charter 
under the Great Seal, and received sasine of the lands of Park of Corncairn, 

1 See Appendix. - Reg Mag. Sig., Lib. xx. No. 73. 

3 History of the Family of Innes of Innes, p. 127. 

4 Antiquities of Aberdeenshire, vol. ii. p. 108. 5 Reg. Mag. Sig., Lib. xviii. No. 76. 






THE ABERNETHTES OF SALTOUN, LORDS SALTOUN. 53 

in Banffshire, with the mansion thereof, upon his resignation of those subjects 
in the royal hands ; and this would lead to the inference that his mother, 
the Dowager, who had built Park House six years before, was then dead. 1 

He also had confirmations, under the Great Seal, of Corskie, Cromby, 
and other lands in Aberdeenshire and Banffshire, in 1538. 2 

He bought the estate of Whelplaw, in Berwickshire, from George Clephane 
of Carslogie, in 1542, for 2000 marks, which purchase was confirmed under 
the Great Seal of Queen Mary in the same year ; 3 and in 1540 he obtained a 
tack or lease, for nineteen years, of the rectory and vicarage of the church of 
Keith, in Aberdeenshire, from the Bishop of Moray, for a rent of 50 marks, 
in which lease the name of his son and heir, Alexander, Master of Saltoun, 
was associated with his own. 4 

His attendances in Parliament were not much more numerous than those 
of his father. In August 1536, he was summoned to sit on the trial of a 
case between Lord Gray and James Scrirngeour, Constable of Dundee. His 
second attendance was in March 1542, when John, Lord Glamis, brought an 
action for the recovery of his estates against the Assize or Court that had 
adjudged his forfeiture; and the third was in December 1543. 5 

Upon one of these occasions he is styled Lord Abernethy of Saltoun, but 
on the other two Lord Saltoun. 

In 1543 he became one of the supporters and adherents of the Earl of 
Huntly, at that time probably the most powerful noble in the north of 
Scotland, and bound himself to his party in the following terms : — " Be it 
kend to all men be thir present letters, me, Wilzame Lord Saltoun of 
Rothiemay, to be bundin and ablist, and be thir present lettres be the faith 
and treuth in my bodyie lelely and treulie byndis and oblises me, to ane 
rycht noible and potent Lord, George Erie of Huntlie, Lord Gordone and 
Badzenocht (etc.), that I be my self, my kin, frendis, adherentis, assistaris, 
and parttakaris, sail ryid and gang with him in the Queen's graice and my 
Lord Gouernoris seruice, and all utheris his lefull besynes and effairs con- 

1 Antiquities of Aberdeenshire, vol. ii. p. 229. 4 Reg. Episc. Morav., p. 410. 

2 Reg. Mag. Sig., Lib. xxvi. No. 217. 

3 Acts of the Parliaments of Scotland, vol. 5 Acts of the Parliaments of Scotland, vol. 
vii. pp. 154, 155. ii. pp. 409, 410, 411, 428, 443. 



54 THE ABERNETH1ES OF SALTOUN, LORDS SALTOUK. 

cerning his Lordship, and sail tak his anefald treu part (etc.). In witnes of 
the quhilk thing to thir my lettres subscrinit with my hand my seill is 
affixit, at Edinburgh, the xxvii day of Marche the yeir of God ane thousand 
fy ve hundretht fourtie-three yeris, befor thir witnes, Allexander Innes of that 
Ilk, James Ogiluy of Cardell, Master Jhone Abimethyie, and Master William 
Gordone, witht uthyeris diuerss. Wilyiam Loed Saltoune." * 

Shortly after this he appears to have been at feud with the Crichtons of 
Frendraught (though, unfortunately, there is no record of the cause of quarrel), 
for on the 15th of March 1543-4, William, Lord Abernethy of Saltoun, 
Alexander Abernethy of Nathirdall, and forty four others, were called to 
account for art and part in the convocation of the lieges, armed in warlike 
manner, with a great force in ambush (" cum magno exercitu le Buschment "), 
in the houses, outhouses, and barns of the place of Frendraught, for the 
slaughter of George Crichton of Conzie, and James Crichton, and of Eobert 
Crichton, with a gun (" cum uno maganole lie gwnne "). 2 

It is possible that Lord Saltoun may have been wounded in this affray, 
for his death must have occurred within a few days after the above date, as 
in a lawsuit brought by Innes of Innes against his son, the sixth Lord, he is 
mentioned as deceased on the 4th of April 1544. 

He left issue two sons — 

Alexander, his successor. 

William. 3 

ALEXANDER ABERNETHY, LADY ALISON DE KEITH, 

SIXTH LORD SALTOUN. DAUGHTER OF FOURTH EARL MARISCHAL. 

The first notice found of the sixth Lord is the association of his name, when 
Master of Saltoun, with that of his father, the fifth Lord, in the lease of the 
rectory and vicarage of the church of Keith from the Bishop of Moray in 1 540. 4 

The next occurs in a lawsuit brought against him by the Laird of Innes 
to recover the lands of Muiralehouse and Torres, in the barony of Aberkerdor, 
which were part of those acquired by his grandfather, the fourth Lord, about 
1517, and which were now alleged to have been sold, subject to redemption; 

1 Spalding Club Miscellany, vol. iv. p. 206. 3 See Appendix. 

2 Pitcairn's Criminal Trials, vol. i. p. 104. 4 Reg. Episc. Morav., p. 410. 



THE ABERNETH1ES OF SALTOUN, LORDS SALTOUN. 55 

but the only points of interest in the transaction are that, on the 4th of April 
1544, his father, the fifth Lord, is mentioned as deceased ; that he himself is 
termed " adolescentem," or a youth ; and that his mother, Elizabeth Hay, 
and Laurence Abernethy, his uncle, a brother of the fifth Lord, are also 
mentioned in the proceedings. 1 

Upon the invasion of Scotland by the Protector, Duke of Somerset, in 
1547, after the decisive victory of Pinkie, in which the Scottish army was 
defeated with enormous loss, the English took possession of the house of 
Saltoun, then a place of some strength, a few miles to the south of the battle- 
field; but very soon afterwards it was retaken by the Eegent, Earl of Arran, 
as notified in the following letters, dated March 1st and 2d, in that year, or 
according to present reckoning 1548, from Lord Grey to the Lord Protector, 
which seem of sufficient interest to be inserted at length : — 

It maie please your Grace : After my retorne home the Governour cam to Salton, 
one of the houses I gatt at my beynge in Skotlande, and commytted to the gardinge 
of the Larde of Ormestone ; the same he undermyned, by force at lengthe wan it, 
did sle fyve men that stod in defence, and tooke other fyve wiche he hanged out 
of hande, onely one was saved ; they war of the Larde of Ormestons best chosen 
men. The Governour tooke also Ormestons owne house, burnt and spoyled all that 
he had, and within it the cheife substance of the Larde of Brympstone. The 
gentilmen are undon, but yf it please your Grace to consyder them. And where 
I determyned before to lett eche of them to whom I gave charge of any strengthe, 
have to entertayne fyftie men, and Sir George Douglas one hundred, for the 
comforte of others, for there owne contentementes, and a gayne for the advance- 
ment of the service, I remayne, till your Graces further resolucion be knowen, in 
my former mynde. And they all ar ordred to lye at Dalketh with their bandes, 
promysing so to annoye the Governour and all the ennemyes as the revenge of 
there owne parties should appeare, and your Grace shall have not to thinke it 
myspent wiche thus shall be imployed, the profe whereof in one moneth maie 
procede, wiche mesemeth can be no loste chardge. Neverthelesse the hoole for 
that to com lyeth under your Graces direction. And f [or] theise incourses, seyng 
we leave at our retrayte no power to assyste the frende and repulce the ennemye, 
nor have not place of any strengthe sufficient wherein to do it, whereby the countrey 
bende allwayes to the master of the felde, it is thought rather to hynder than farther 
1 Spalding Chib. Family of Innes, pp. 109, 110, 111. 



56 THE ABERNETHIES OF SALTOTJN, LORDS SALTOTJN. 

the advauncement of the service ; and when Sir Robert Bowes, I, and others, have 
in our meane consideracions pondered the matter, there is nothing semeth to 
us of greter avayll and valour to the purpose than yf your Grace pleased to lett a 
grete power be sent in, wiche in any place thought convenyent by your prudence, 
mought fortefye for a contynuall refuge to frendes and a contynual stonye to the 
ennemys. And to us the place seme apte and mete to fortefye at Dunbar, as I adver- 
tised before, or at Hadington, where laying the power, we mought beseige them and 
strengthn in them both, towching al whiche and others I cannot but wyshe agayne 
and agayne that it mought please your Grace. I addresse my selfe thether in post. 
This instante, herynge the Governouris bente this nyght to lodge at Hadington, 
I have assembled dyvers bandes in garryson, with some assured Skottes, about 
the nombre in all of one thowsande men, to procede and attempte the damage of 
the Governour, who I knowe is not of grete force, as it shall by discrescion seme 
expedient to do. And in all cases I pray humbly and trust your Grace will accept 
my will, direct and forwarde menynge, to the advauncement of the service, whereunto 
yf aught be lesse furtherance than your Grace looke for and wyshe sholde procede 
from me, thinke it is by wante of knowledge and not of good desyer ; wherefor I 
pray to utter sondry declaracions, and agayne to receyve by myselfe your Graces 
further instructions. And so I take my leave of your Grace. From Barwicke, 
the fyrst of Marche 1547. 

Your graces assured to commau[nde], 

Wyllyam Grey. 
Addressed : To my Lorde Proctectors grace. 

hast hast 
hast hast 
post hast 
with all possyble dilligence, 
for thy lyfe, 

thy lyfe. 
Endorsed : Primo martis 1547, 

My lord Gray to my lord Protector. 1 

It maie please your Grace, the Governour (who hath sent me expresse worde he 
woll make a waye for hymselfe, wiche with his honour he may well do, for that the 
Frenche king fayled to gyve hym the supporte he promysed at Candelmasse last) 
myndeth, as I am informed, to sende the Erie of Argyle and the Erie of Pothouse 
in comyssyon to commune for the peax ; with whom, (yf the Governour con- 
1 Record Office, Loudon. State Papers, Scotland, vol. iii. No. 62. 



THE ABERNETHIES OF SALTOUN, LORDS SALTOUN. 57 

tynueth purpoose, who I here is a man very fykle,) I desyer to knowe your Graces 
pleasour whether I shall entre any debatement with them, or refer it hooly unto 
your Grace. He doubteth muche that I shoulde shortely entre Skottlande agayne 
with a more power to tarry there. And the tyrne of service nowe drawinge on, it 
maie please your Grace to wryte unto my Lorde the archbushopp of Yorke to levy 
men for the fulfilling of the light horsemens bandes on these frontiers, who hath 
been cashed as your Grace knoweth, elles it will not be possyble to do the service 
that thereby we mought. And I thinke yf it stod with your Graces pleasour to 
lett be here a greter nombre of demylaunces, the same wolde muche avayll, for 
I perceyve well with the light horsemen, whichsoever gyve the greter showte, 
thother fled ; and these we mought suerly trust upon : and in my symple opyneon, 
yf it mought stande with your Graces pleasour, it semeth not amysse yf the 
pencyoners and men at amies laye here, wiche wolde muche avayll to the advaunce- 
ment of the service, and be no further charge to the Kinges Majestie than now. 

The occasion that Salton was loste, is for that the Lorde Ormestone had not 
prepared (thapproche was so soden) his nombre of men to defende it, nor yet those 
wiche he putt in war aj>poynted and furnyshed with weapons ; and that your Grace 
maye perceyve the strengthe thereof and of others, I purpose, so soone as it may 
be donne, to sende unto your Grace the plattes of them and also of Dunbar. At 
the comynge of the Governour on thassured men, I caused to assemble with Sir 
Rauffe Boulmer and Sir Oswalde Wolstropp about vij hundred horsemen, besyde 
Skottes at home, to do hym th annoyance they mought, whereof having know- 
ledge, the Governour, without any more doyng than I advertised to your Grace, 
retyred to Edenbrough. And so I take my leave of your grace. From Warke- 
worth, the seconde of Marche 1547. 

Your Graces assured to commaunde, 

Wyllyam Grey. 
Addressed : To my Lorde Protectors Grace. 

hast hast 

hast hast 

post hast 

with all possyble dilligence. 

Endorsed : 2d Marcij. 1 

The lord Gray, 1547. 2 

1 Calendared as being the 2d of March, and the original paper so marked in pencil by the 
calendarer. 

2 Record Office, London. State Papers, Scotland, vol. iii. No. 63. 

VOL. II. H 



58 THE ABERNETHIES OF SALTOUN, LORDS SALTOUN. 

The sixth Lord Saltoun married Lady Alison de Keith, daughter of William, 
fourth Earl Marischal, in 1550, and granted her a charter of the barony of 
Saltoun in security for her jointure ; but as he executed this deed with the 
consent of her father, the Earl, and his own mother, the Dowager Lady Saltoun, 
who were his guardians, it is evident that he was not yet of full age. 1 

In 1562, he and his wife had the honour of receiving the unfortunate 
Mary, Queen of Scots, at their house of Eothiemay, where she passed a night 
on her journey to Inverness, in the autumn of that year. 2 

He seems to have taken a greater interest in public affairs than either 
his father or grandfather, and the notices of his attendance in Parliament are 
tolerably frequent. 

The first was in April 1554, 3 when only ordinary business was transacted; 
but in August 1560 4 he was present when the Eeformation of religion was 
established, and the first Confession of Faith was agreed to ; and, at the 
same time, he was chosen one of the Commissioners of the Estates of Scotland 
appointed to urge Queen Elizabeth of England to marry the Earl of Arran. 5 

In the Parliament of 1567 there are two of his attendances noted, one in 
April, for ordinary business ; 6 the other in December, when Bothwell was 
declared a traitor, and Queen Mary resigned the crown in favour of her son, 7 
the Earl of Moray becoming Eegent. 

In the contest between Queen Mary and the Eegent Moray that ensued 
upon the Queen's escape from Lochleven Castle, the sixth Lord Saltoun 
adhered to the Eegent, who, after his victory of Langside, and the flight of 
the Queen to England in 1568, and after his successful negotiations with 
Queen Elizabeth of England, led his forces into the north of Scotland in the 
summer of 15G9, and enforced the submission of the Earl of Huntly, and of 
others in those districts who favoured Queen Mary's cause. 

The career of the Eegent Moray was cut short by his assassination in 
January 1570, while passing through Linlithgow; and the leadership of the 
King's party devolved upon the Earls of Lennox and Morton, of whom the 
former was made Eegent in July of that year. Both parties prepared for 

1 Reg. Mag. Sig., Lib. xxx. No. 4S8. 5 Acts of the Parliaments of Scotland, vol. 

3 Buchanan, lib. xvii. cap. xxxvi. ii p. 606. 

3 Acts of the Parliaments of Scotland, vol. 6 Ibid. p. 546. 

ii. p. 603. i Ibid. p. 525. 7 Ibid. vol. iii. p. 4. 



THE ABERNETHIES OF SALTOUN, LORDS SALTOUN. 59 

war, and the Earl of Huntly, whom Queen Mary had named her Lieutenant- 
Governor, proceeded to raise forces in the north, and advanced to Brechin, 
but the Eegent with the Earl of Morton, marched against him, stormed the 
castle of Brechin, which he had garrisoned, and hung thirty-four of its defenders. 
This seems to have prevented Huntly from operating further southward 
at that time, but he still maintained resistance in the north, and was in 
hopes of receiving assistance from the celebrated Duke of Alva, as appears 
from a letter of the 23d August 1570, from the Lords Saltoun and Pitsligo 
to the Earl of Morton : — 

My Loed — Efter oure hartlie commendationis of service : This present is to mak 
your Lordship aduerteist, that upon ye xiiij day of this instant August there arrivit 
ane Flanderis pynke in Aberdene, quharhi thair wes ane Maister Johnne Hamiltoun 
with twa Spanyeartis servandes of the Duke de Alve, belevand to have gotten 
the erle of Huntlie thair. And becaus he was absent, Master Eobert Gordoun, 
brother to the said Erie, conveyit thame on the morn to Stratbolgy, and he not 
beand thair past with thame in getwartes to have mett hym till thai come to the kirk 
of Tullych in Cromar, where thai gat sure word that he was returnit to Aberdene : 
that thai come to Kincarne of Neill and wes all that nyght, and on the morn 
thereafter thai come to Aberdene. The effect of thair message wes that this M r 
Johnne Hamiltoun had bene at thair maister, ye Duke, for support of men to sett 
fordwartes thair caus and ye Querns aganis our soverane the Kingis Maiestie and his 
Graces adherentis &c. marvaland that thai send na man of honour with the com- 
mission and than- desyre quhethir thaj desyrit men or money, assurand him that 
he suld have ony of ye twa he desyrit, that was ether men or money, or bayth, for 
the men were redy this lang tyme past, and the fait was with the Quene, quha pro- 
mist to have send lang since ane man of honour for the ressaving and conveying 
of the said men who come not ; for thair maister wald nether send men nor money 
with the said M r Johnne Hamiltoun. And thairfor the said erle of Huntlie to the 
effect forsaid, has directed the lord Seytoun with the said M r Johnne Hamilton 
and Spaneyartis with all diligence ; quha wes to depairt hi ye said pynke ye xxj 
or xxij of this instant at the farrest, and is directit to bring men who wilbe the 
nowmer of v or yj thousand men, and to land at Aberdene or thair about. Hed 
not bene that the men come sa shortlie and mett hym in Abirdene, he was deter- 
minat and of deliberat mynd to have past of this realme in dispair ; alwayis he 
has tane sum confort in this and is in especment of better fortoune to succeid to 
hym. My Lord, this is kepit werray secrete, and werray fewe in his owne counsall 



60 THE ABERNETHIES OF SALTOUN, LORDS SALTOTJN. 

knawis heirof. Yitt we have this be ane quyat moyane, quha favoris the 
Kingis Maiestie pairt and his Grace's adsistares. We thocht it to be werry ixpedient 
to make your lordschip forseyne thairwith that remedy might be provydit in tyme. 
He is as yitt in Abirdene uncertane quhowe lang he remains there. He is to pas 
upon sa mony in the partis that past not with hym to this last jurnay, and gif 
he may apprehend ye principallis baronis in the cuntre to take thame ; gif not, 
to harys the landis and boundis. Thairfor sic remedy as my lord Regentis Grace, 
your lordschip and counsell thinkis maist convenient, we dout not bot that it wilbe 
providit and the soner the better ; for sa lang as he lies libertie thair wilbe na 
quyatnes nor rest in this realme and in speciale in these partis. It will pleis your 
lordschip to keip this wrytting werry secret, and let it not be seene be na vtheris; 
for gif knowlage be gottin thairof, and that it is written and adverteis be ws, 
we have tynt that we have heir, and ourselves in danger gyf that man hes ony 
place. Quhat that your Lordschip will command ws, is and salbe redy at charge, 
as knawis the Ever Living, quha mot preserve your Lordschip. From Eothymay, 
ye xxiij of August 1570. 

Be your Lordschips to command redy. 

Saltowne, 

Petslego. 
Addressed : To my lord Erie of Mortoun. 1 

The civil war was continued with great acrimony on both sides during 
that year and the next; and on the 3d of September 1571, some of the Queen's 
adherents, Kirkcaldy of Grange, the Earl of Huntly, Sir Walter Scott of 
Buccleuch, Lord Claud Hamilton, Spens of Wormistoun, Captain Bell, and 
Captain Calder, determined to surprise the Begent and his adherents at 
Stirling, where they had held a Parliament, and although they had consider- 
able forces, kept but careless guard. They took sixty hagbutters and three 
hundred and forty Border horse, left Edinburgh in the evening, and arrived 
at Stirling early in the morning of the 4th, 'when they made prisoners the 
Begent and most of the principal men of the King's party, breaking into the 
houses where they lodged ; but the Borderers dispersing to plunder, the Earl 
of Morton defending his house until it was set on fire, the Earl of Mar 
sallying from the castle with a body of soldiers, and the citizens attacking 
them on all sides, the tables were quickly turned, and the hitherto successful 
1 State Paper Office, Scotland, vol. xix. No. 17. 



THE ABEENETHIES OF SALTOUN, LORDS SALTOUN. 61 

assailants had to struggle for an escape with their lives. Wormistoun had 
captured the Eegent, but in the confusion that ensued, Captain Calder, 
exasperated by approaching defeat, came up and murdered him, shooting 
him in the back, and by the same shot killing Wormistoun, who had thrown 
himself between them to protect his prisoner. 

Most of the assailing party escaped, but Buccleuch was taken prisoner, 
and Calder and Bell were also captured and executed. The Eegent lingered 
until the evening, when he died, and the Earl of Mar was chosen to succeed him. 

The animosity of parties increased after the death of Lennox, and Huntly, 
with his able brother, Adam Gordon of Auchendoun, reduced the whole north 
of Scotland to the obedience of Queen Mary ; but in the summer of 1572 a 
truce was brought about at the instance of Queen Elizabeth, and the Eegent 
Mar, having died on the 28th of October, was succeeded by the Earl of 
Morton, who indeed had been the guiding spirit of the two last regencies. 

Soon after this, Huntly, Argyll, and most of Queen Mary's party sub- 
mitted to the King's authority, and Morton, aided by troops from Queen 
Elizabeth, reduced Edinburgh Castle, and by energetic and politic measures 
pacified the country, and put an end to one of the most cruel and desperate 
civil wars that ever raged in Scotland. 

In the year 1574 the old feud with Innes of Innes broke out again, and 
although there is not much information to be found about the affair, an 
extract from a letter, written by Mr. H. Killigrew to Mr. Secretary Walsing- 
ham, from Edinburgh, on the 3d of August, shows that some amount of 
violence and bloodshed took place : — " The Mr. of Salton, sonne-in-law to 
therle of Athall, hathe slayne one of the Inesis, a gentyllman of the Eegent's 
kyndred. The matter is lyke to com to farther inconvenience, onlesse 
yt be wysley handeled, as I trust yt wyll," a hope which was probably 
fulfilled, as some six years later, John Innes of Innes married one of the 
Master's sisters, and the quarrel was perhaps ended thus, if not before. 

Lord Saltoun was present at the Parliament of 1574, when the Earl of 
Argyll delivered up the Eegalia, or royal jewels, that had been in his cus- 
tody; 1 and in November 1579, when Lord John Hamilton, Commendator of 
Arbroath, and his brother, Lord Claude Hamilton, Commendator of Paisley, 
1 Acts of the Parliaments of Scotland, vol. iii. p. S4. 



62 THE ABERNETHIES OF SALTOUN, LORDS SALTOUN. 

were attainted by order of the Eegent Morton, as accessory to the murders of 
the Eegents Murray and Lennox, and without trial forfeited for that alleged 
crime, 1 — an unjust sentence that was reversed by the King in 1585. 

He attended again in October and November 1581, 2 and in May 1584 was 
one of the assize that sat upon the forfeiture and condemnation of William, first 
Earl of Gowrie, who was then executed for high treason. 3 In August of the same 
year he was present when the forfeiture of Archibald, eighth Earl of Angus, was 
enacted ; 4 and his last attendance seems to have been in September 158 6. » 

There are also traces to be found of his having been active in the man- 
agement of his own affairs. In 1569-70 he acquired the lands of Strathisla, 
and in the same year he renewed the lease of the rectory and vicarage of the 
Church of Keith, for which he had paid fifty marks, together with that of 
Eothiemay, which he had held for forty marks, but the rent was increased, and 
the Bishop of Moray made him pay four hundred and sixty marks for the two. 6 

He ended his energetic but not very long life in the spring of 1587, and 
by his wife, Lady Alison de Keith, left issue two, or perhaps three, sons, and 
two daughters. 

George. 

... of Lessendrum. See Appendix. 

John. See Appendix. 

Elizabeth. Married, 1st, John, eighth Lord Glammis, killed in a skirmish 
17th March 1578 ; and 2d, in 1580, John Innes of Innes. 7 

A daughter, whose name is unknown. Married . . . Seton of Meldrum. 8 

GEOBGE ABEENETHY, LADY MAEGAEET STEWAET, 

SEVENTH LORD SALTOUN. DAUGHTER OF THE EARL OF ATHOLL. 

In the Index of Eetours 9 the entries, of date 10th May 1587, show that 
George, Lord Saltoun, was then served heir to Alexander, Lord Saltoun, his 
father, in the baronies of Abernethy in Eothiemay, and Corncairne ; in the 
lands of Quorskie, the third part of Knockcorthe, the " outseit" of the same, 

1 Acts of the Parliaments of Scotland, vol. 7 Douglas Peerage. — History of the Family 
iii. p. 129. of Innes, p. 24. 

2 Ibid. p. 195. i Ibid. p. 335. 8 MS. Account of Abernethy Family. 

3 Ibid. p. 305. 5 Ibid. i>. 424. 9 Index of Retours, vol. ii. Nos. 183, 330, 
6 Reg. Episc. Morav., p. 419. 566, 1407, 14S0. 



THE ABERNETHIES OF SALTOUN, LORDS SALTOUN. 63 

called Subhill, the lands of Torax, Eamoir, and Auchindaveris, in the barony 
of Aberkirder ; the lands and town of Tullidoch, or Tullidoven, or Tullidoun, 
with the pendicle called Frosterseit in the same barony ; in the baronies of 
Plenderleithe, Eethie, and Glencorse, and the lands of Dalgettie, united with 
other lands in the counties of Banff, Forfar, Stirling, Edinburgh, and Berwick, 
to the barony of Abernethy in Bothiemay, for which service was to be done 
in the court of the Sheriffdom of Banff. 

Although these re tours do not enumerate the whole of the family posses- 
sions — for the barony of Saltoun and other lands in which Lady Alison de 
Keith, the widow of the sixth Lord, had been infeft for life, are omitted — yet 
they show very considerable estates; and the year 1587, when George Aber- 
nethy succeeded his father, was perhaps the culminating period of the fortunes 
of the Abernethies, Lords Saltoun. 

In or before 1574 George Abernethy married Lady Margaret Stewart, 
second daughter of John, Earl of Atholl, Chancellor of Scotland ; 2 but she 
must have been a mere girl at the time, and their children were not born 
until several years later. 

In Douglas' Peerage, and other accounts of the family, the decease of the 
seventh Lord Saltoun has been placed in the year 1600, in consequence of 
the retour of his eldest son, John, as heir to him in 1601 ; but this appears 
to be erroneous, and he died before 1595, for the marriage-contract between 
his daughter Margaret and Alexander Fraser, younger of Philorth, is dated 
1st January of that year, and in it his son John appears as Lord Saltoun, 
and Margaret is called his sister. 2 

He left issue one son arid two daughters — 

John, who succeeded his father. 

Margaret, married in 1595 Alexander Fraser, younger of Philorth. 

Jean, married, 1st, Sir John Lindsay of Kinfauns, son of Sir Henry Lind- 
say of Carraldstoun, who was afterwards twelfth Earl of Crawford. 3 Sir John 
died during his father's lifetime, leaving two daughters, Jane and Margaret. 
2d, The Laird of Gight, according to the following extract from the Begister 
of the Kirk-session of Bothiemay : — " 1617. Sonday, 18th May. No Session, 
becaus that the Minister was suspendit, for the marriage of the Laird of 
1 Reg. Mag. Sig., Lib. xxxv. No. 915. 2 Philorth Charter-room. 3 Douglas Peerage. 



64 THE ABERNETHIES OF SALTOUN, LORDS SALTOUN. 

Geicht with Dame Jean Abernethie, Lady Cariestal." Note by the editor : 
— "The Laird of Geicht was a member of the Church of Rome." 1 



JOHN ABERNETHY, eighth Lord Saltoun. 
1. LADY MAEY STEWAET, 2. ANNE STEWART, 

DAUGHTER Of THE EARL OP MORAY. DAUGHTER OF FIRST LORD BLANTYRE. 

By the early death of his father, the seventh Lord, John Abernethy 
succeeded to the title before 1595, and, as Lord Saltoun, signed the marriage- 
contract of his sister Margaret on the 1st January of that year. 2 

He seems, however, not to have made up his title to the family estates 
until the year 1601, when he was served heir to his father; and in succeed- 
ing years, 1603 and 1606, he was also served heir to his grandfather, Alex- 
ander, the sixth Lord, in many of his possessions. 8 

He obtained charters of his barony of Abernethy in Rothiemay under the 
Great Seal of James vi. in 1602-3, and of the lands of Balvenie, Botriphnie, 
Aberlour, etc. etc., which he had purchased from James, second Earl of Atholl 
(of the family of Stewart of Innermeath), 4 erected into a barony of Balvenie 
in 1610, and his right to the patronage and teinds of the kirks of Keith and 
Rothiemay was ratified in 1609. 5 

His first wife was Lady Mary Stewart, second daughter of James, the 
" bonny " Earl of Moray, but he had no children by her. She died before 
1600, and in that year he espoused Anne Stewart, daughter of Walter, first 
Lord Blantyre. 6 

The following extracts from the Kirk-Session Register of Rothiemay afford 
evidence that the Aberuethies, or at least the head of the family, had adopted 
the reformed religion :■ — 

"1605. June 2d. This day intimation made to all that had not commu- 
nicated this year, thro absence or sicknesse, that they prepair themselves 
against next Sonday, becaus that my Lord's household is to communicat." 

1 Kirk-Session Register of Rothiemay, 4 Reg. Mag. Sig., Lib. xliii. No. 95 ; Lib. 
printed in Gordon's Scots Affairs. xlvi. No. 261. 

2 Philorth Charter-room. 5 Acts of the Parliaments of Scotland, vol. 

3 Index of Retours, vol. i. p. 98 ; vol. ii. iv. p. 464. 

pp. 438, 522, 577. 6 Charter-room, Duff House. 



THE ABERSTETHIES OF SALTOUN, LORDS SALTOUN. 65 

" 1605. June 9th. Quhilk day my Lord's wife, his mother, his sisters, 
viz., the Lady Phillorth and Maistresse Jean, with all the rest of their house- 
hold that were present, communicat, except Helen Chishome and Margaret 
Craigheid, servandis to the young leddy, wha pretends excuss of sicknesse, 
but suspect of religion." 1 

In those days it mattered little which creed was in the ascendant, 
intolerance and inquisitorial proceedings, of which those who live in happier 
times have little idea, disgraced many of the most disinterested among the 
supporters of each, and were eagerly taken advantage of by others less scru- 
pulous to further their own designs ; but the self-righteous members of the 
Kirk-Session never thought of the satire upon themselves, contained in their 
crude notice that the poor women were " suspect of religion." 

It was about this period that the decadence of the fortunes of the family 
commenced, and the probable causes may be surmised without much diffi- 
culty. 

The succession of King James vi. of Scotland to the throne of England, 
which occurred in 1603, removed the Court from Edinburgh to London. 
Many of the peers of Scotland doubtless followed their sovereign thither ; 
but they soon found that the funds which had sufficed to maintain their state 
at the more frugal Court of the former kingdom, were utterly inadequate for 
that purpose in that of the larger and richer country, or to enable them to 
vie with the powerful and wealthy nobles of England. 

Some were wise in time, and retiring from the unequal contest, husbanded 
their resources ; but others made the most ruinous sacrifices to obtain the 
means for their increased expenditure, and it would appear that the eighth 
Lord Saltoun was one of those who did so. 

A detailed account of the various transactions into which he entered, in 
consequence of his embarrassments, would be wearisome and of little interest ; 
and a brief notice of the circumstances under which the family estates passed 

1 Register of the Kirk-Session of Rothie- first Lord Saltoun of that name," which is not 

may, printed in Gordon's Scots Affairs. quite correct : her son, Alexander Fraser, 

The editor of Gordon's Scots Affairs makes having become tenth Lord Saltoun, and first 

the following note: — "Margaret Aber- of the name of Fraser, in 1670, and having 

netky, wife of Sir Alexander Fraser of Phi- been succeeded by his grandson, William 

lorth, great-grandfather of AVilliam Fraser, Fraser, the second Lord of the name, in 169o. 

VOL. II. I 



66 THE ABERNETHIES OF SALTOUN, LORDS SALTOUN. 

into other hands during his life and that of his son and successor, is all that 
need be related of their misfortunes. 

Before 1605, finding himself in difficulties, Lord Saltoun, by the advice of 
Lord Blantyre, and other members of his wife's family, had put himself under 
an interdict or prohibition against his burdening the estates with more debt ; 
but in that year he obtained from the Court of Session a reversal of the 
interdict, and doubtless proceeded to contract fresh liabilities. 1 

About the year 1612 he disponed to James Stewart of Killeith, after- 
wards Lord Ochiltree, a very great portion of his estates, by whom they were 
sold to, or parted among the various creditors; 2 William Gordon of Cairnburrow 
and his heirs receiving the barony of Abernethy in Rothiemay ; Adam 
Gordon of Glenbucket, Corncairne and other lands; and Robert Innes of 
Invermarkie the barony of Balvenie, while Lyalstone and Whelplaw passed 
into the hands of Lord Cranstoun and Dame Sara, his wife. 3 

Lord Saltoun did not long survive the loss of these important possessions, 
and died in 1617, having had issue by his second wife, Anne Stewart, one 
son and two daughters — 

Alexander, who succeeded him. 

Anna, born 1609, 4 died in infancy. 

Margaret, born 1613, 5 survived her brother, but died unmarried. 



ALEXANDER ABERNETHY, ninth Lord Saltoun. 

LAST OF THE NAME OF ABERNETHY. 

Born on the 26th March 1611, Alexander Abernethy was only about six 
years of age when he succeeded his father, the eighth Lord. 6 

In 1618, the year after his succession, he confirmed the transactions 
between his father and Lord Ochiltree, already mentioned, and was obliged 
by the latter to enter himself heir, subject to those dispositions and aliena- 

1 Charter-room, Duff House. 4 Reg. Baptisms, Edinburgh. 

2 Ibid _ = Ibid. 

3 Acts of the Parliaments of Scotland, vol. c Douglas Peerage, quoting Edin. Reg. 
vii. p. 154. 



THE ABERNETHIES OF SALTOUN, LORDS SALTOUN. 67 

tions of the family property ; but in doing this, as a child of seven years old, 
he acted through his tutor or guardian, Patrick Abernethy of Netherdale, 
and with the advice of his uncle, William, second Lord Blantyre, and his 
mother, the Dowager Lady Saltoun. 1 

Upon attaining the age of twenty-one, however, in 1632, he revoked 
every deed and obligation that he had granted, on the ground that they had 
been forced from him during his minority, and that his father had no righi 
to damnify and prejudice him by such extensive alienation of the estates. 2 

In his turn he seems to have become overwhelmed with debt, and in 1639 
he granted a bond to Sir Archibald Stewart of Blackball, who proceeded to 
adjudge a considerable part of his property from him, and then raised an 
action in the Court of Session for the reduction of the disposition from the 
eighth Lord to Lord Ochiltree in 1 6 1 2, in which, however, he was at first 
unsuccessful. 3 

About 1643, Lord Saltoun sold the barony and churchlands of Saltoun, 
and the barony of Glencorse, almost, if not quite, the last remaining portions 
of the once important Abernethy property, to Sir Andrew Fletcher of Inver- 
peffer, and ratified the bargain by a deed of confirmation of the sale and 
renunciation of the subjects. 4 

The occurrences already noticed, viz., the disposition in 1612 by the 
eighth Lord to Lord Ochiltree, the transfer of the estates to various persons 
by the latter, the repudiation of those transactions by the ninth Lord, and 
the adjudication of his property from him at the instance of Sir Archibald 
Stewart of Blackball, gave rise to a mass of litigation that lasted nearly to 
the end of the century ; and it may be as well to give a general account of 
the matter here, without entering deeply into particulars. 

Sir Archibald Stewart had failed in his first attempt to reduce the dispo- 
sition of 1612 to Lord Ochiltree; but a most impudent and daring fraud, 
perpetrated by a cadet of the Abernethy family, gave a new turn to affairs. 

When the public records of Scotland were sent to London, by order of 
Cromwell, among them was the Begister of the Decreets of the Court of 
Session. James Abernethy, an advocate and Clerk of Session, brother of 
Alexander Abernethy of Auchincloich and Mayen, went to London, and gaining 

1 Charter-room. Duff House. 2 Ibid. 3 Ibid. 4 Ibid. 



68 THE ABERNETHIES OF SALTOUN, LORDS SALTOUN. 

access to the place where the Eegister was kept, cut of tore out three leaves 
that contained the decreet of the Court of Session in 1605, reversing the 
interdict or prohibition against burdening the family estate with debt, under 
which the eighth Lord Saltoun had placed himself before that year. 

The effect of this removal of all authentic record of the decreet of 1605 
was to leave the interdict still in force, and to render invalid all the sales 
and alienations made by John, eighth Lord Saltoun, whether to or through 
Lord Ochiltree or otherwise, as being contrary to that prohibition. 

Eeturning to Scotland, James Abernethy, in concert with Sir Archibald 
Stewart, woke or revived the action for the reduction ' of the disposition of 
1612, and succeeded in obtaining a decision in their favour ; but this only 
increased the amount of litigation going on, in which the parties were — 

1. The Gordons of Eothiemay and Park, and the other persons who had 
rights proceeding from the disposition of 1612, from the eighth Lord to Lord 
Ochiltree. 

2. Sir Archibald Stewart, and those who claimed under his adjudication 
of the estates from the ninth Lord in 1639, prominent among whom was 
Arthur Forbes of Echt, a brother of the Laird of Blacktoun. 

3. The ninth Lord Saltoun, who, however, could have had but little hope 
of any advantage accruing to him, and was but nominally a party ; and, after 
his death, the Erasers of Philorth, who were drawn into the litigation, either 
as his heirs-at-law or as his creditors. 

The number of the litigants was gradually increased by the various 
creditors of the original parties, and fresh names continually occur that it is 
not necessary to notice here. 

About 1664 James Abernethy died, and left the secret of the stolen 
leaves of the Eegister to his brother, Alexander Abernethy of Auchincloich 
and Mayen. 

It is difficult to decide whether Sir Archibald Stewart or the ninth Lord 
Saltoun were, or were not, parties to the fraud committed by James Aber- 
nethy, for if they were so, it seems strange that they should not have 
insisted on the destruction of the leaves taken from the Eegister ; and yet, 
on the other hand, Alexander Abernethy certainly used his possession of the 
secret to increase his influence with them, and, indeed, to extort money, or 



THE ABERNETHIES OF SALTOUN, LORDS SALTOUN. 69 

the promise of money, from them ; but, on the whole, it is probable that they 
were aware of the loss of the missing leaves, and ready to take advantage of 
it, though ignorant of the cause of their disappearance, and that Alexander 
Abernethy found the secret a dangerous weapon, which he could not wield 
effectually without hurting himself more than others. 

The Gordons, who had obtained Eothiemay, Park, Corncairne, and other 
lands, do not appear to have been ever deprived of the possession of those 
properties, although disquieted in their tenure of them, to the extent of 
having been obliged to enter into an agreement to give Lord Saltoun the power 
of redeeming the estates for eleven years' purchase, at the instance of Sir Archi- 
bald Stewart, upon his obtaining the reduction of the disposition of 1 6 1 2. 

To make an end of the story. Long after the decease of the ninth Lord 
Saltoun, Alexander Abernethy of Auchincloich and Mayen died in 1683, and 
left the secret of the stolen leaves to his kinsman, James Ogilvie, informing 
him that they were built into the wall of the house of Mayen ; and the follow- 
ing deposition by John Eeid, in the course of an action subsequently raised 
by Sir John Gordon of Park, relates how they were found there. 1 Eeid says 
that " James Ogilvie, after Mayen's death, came to the deponent's house, and 
brought him to the house of Mayen, after all the family were in bed, except 
James Ogilvie and the lady, who, with him, came to the north side of the 
house of Mayen with a light candle, and there fell a searching, but found 
nothing for a long time, whereupon James Ogilvie and the Mrs. of Mayen 
removed to their beds ; and at last, about half-an-hour thereafter, he found 
enclosed in the wall certain papers, which were a little spoiled, but within 
the spoiled papers there was about one half ... of any spoiling, and that, 
when he found them, he offered them to the Lady of Mayen, who refused 
them, but she went along to James Ogilvie's chamber, and said to the 
deponent, ' God be betwixt me and you ! if ye have got a good poss, make 
the better use of it :' and that the deponent left these papers and went home, 
and that James Ogilvie desired him to conceal the matter from the rest of 
the servants and neighbours." 

James Ogilvie, on his deathbed, before 1691, made a declaration revealing 
the secret, but it had been intrusted to too many persons not to have leaked 

1 Mayen Charters, penes Edward Dunbar Dunbar, Esq. 



70 THE ABERNETHIES OF SALTOUN, LORDS SALTOUN. 

out before that time, and the action above referred to was brought by Sir 
John Gordon of Park against John Abernethy of Mayen, son and heir of 
Alexander Abernethy, to compel the production of the missing leaves ; and 
these having been brought into Court, and declared by the Lords of Session 
to be the leaves abstracted from the Eegister, were replaced therein by their 
order on the 2 2d July 1692 ; and the reduction of the disposition of 1612, 
with the consequent agreement for the redemption of the estates at eleven 
years' purchase, and all the legal proceedings following thereupon, were 
annulled and declared void. 

The Fletchers, who had purchased Saltoun and Glencorse, seem all along 
to have been sufficiently protected by the confirmation and renunciation 
obtained from the ninth Lord Saltoun ; and the restoration of the stolen 
leaves to the Eegister appears to have put an end to the litigation respecting 
all the other Abernethy estates, of which — while the Gordons retained Park 
and some other lands — the greater part, with Eothiemay, eventually passed 
into the hands of Duff of Braco, a principal creditor of many of the litigants, 
and now belong to his descendant, the Earl of Fife. 

But little is upon record of the ninth Lord Saltoun's personal career. He 
appears to have attended the Court of King Charles I., and to have been of 
the Eoyalist party during the Civil War ; but the almost total loss of his 
revenues must have rendered him powerless to afford his sovereign any 
assistance beyond that of his personal service. 

Arthur Forbes of Echt, to whom reference has been made as one of the 
principal creditors, seems to have gained much influence over him towards 
the close of his life, indeed to such an extent as to have been able to induce 
him, a few days before his death, to write the following letter to the Earl, 
afterwards Duke, of Lauderdale, then at the head of affairs in Scotland, 
requesting that the king would be pleased to confer his title upon Arthur 
Forbes after his decease : — 

" My Lord, — Haveing formerlie had great experiences and demonstrationes 
of your Lordship's kyndnes to me in all my concernes, I have at this tyme, 
and possiblie which will be the last, presumed yet further upon your Lord- 
ship's goodnes, to let your Lordship know and onderstand that, haveing 



THE ABEB.NETHIES OF SALTOUN, LORDS SALTOUN. 71 

recovered some relicts of my predicessor's estate, and fmdeing that I have no 
aires of my own body, wpon verie many important accounts and reasones I 
have thought fitt, for the preservatione of the memorie of that estate, to secure 
and settle it wpon my neir cousin and kinsman, Arthur Forbes, brother to the 
Laird of Blacktoun, who, besides his own deserts and my relatione to him, I 
most acknowledge he lies obleidged me in all the good offices was in his power 
to performe me. My Lord, I haveing maid this settlement, yee will be 
pleased to voiichsafe that same favour and goodnes to him that you have 
beine pleased wpon all occasiones to shew onto me, who was never any wayes 
capable to deserve it at your Lordship's liandes, save in being a most zealous 
wisher of your happines. Wpon the same considerationes that I have settled 
my estate, I am lykewayes desyreous, if it be possible, that my title should 
goe along with the same ; and in order thereto I doe, by these presentes, 
dimitt and surrender my said title of Lord Abernethie and Saltoun in his 
Majestie's hands, and does most earnestlie desyre that his Majestie would be 
pleased to grant the same in favoures of my cousin, Arthur Forbes. 

" My Lord, I feare I have presumed too much upon your goodnes and 
patience, and shall say litle more, save that I presume to leave wpon you the 
desyres of a dyeing man, in ane affaire of soe great concernement to me, 
which is all that I have to provyde for in this world ; and does againe most 
seriouslie recomend it to your Lordship, that ye will recomend my cousin, 
Arthur Forbes, to his Majestie's grace and favour, off whose great goodnes, I 
haveing soe liberallie tasted in my own tyme, I hope his Majestie will con- 
tinew it to him whom I have designed my successor. And now, craveing 
your Lordship's pardon for the trouble of these lynes, and wishing with most 
earnest and ardent desyres the continewatione of your Lordship's health and 
happines, I rest, 

" My Lord, 
" Your Lordship's most obleiged and humble servant, 

" Saltone. 

"Edinburgh, 26th November 10G8." 1 

Lord Saltoun must have died before the end of November or during the first 
few days of the next month, for a letter, dated Pittullie, 8th December 1668, 

1 Lauderdale mss., British Museum. 



72 THE ABERNETHIES OF SALTOUN, LORDS SALTOUN. 

from Alexander Fraser of Philorth to Alexander Abernethy of Auchincloich 
and Mayen, requests the latter to pay him a visit, " that we may have a 
speak of the affaires that concerned my Lord Saltoun, seeing it has pleased 
God to call him to Himself ;" l and he was buried in the chapel of Holy- 
rood on the 1 7th of December, in the burial-place of Sir Lewis Bannatyne of 
Brochtoun. 2 

The letter from Lord Saltoun is among the Lauderdale papers, and there- 
fore it was probably presented to the Earl by Arthur Forbes ; but the 
dowager Lady Saltoun, the widow of the eighth Lord, had already taken the 
alarm, and had written to the Earl, asserting the rights of her daughter 
Margaret, the ninth Lord's sister, in the following terms : — 

"May 3" [1669]. 
" My Lord, — The relasion I haue to your Lordship in bloode by your 
lady grandmothar, and the confidence of your noble inclinasion to do good, 
in what is just and righte, emboldneth me to presume to entrete your 
Lordship's favour to my dochter. Hir brother, the Lord Saltone (which /no 
dout your Lordship heth hearde), hath maed a disposition, at his death and 
weakues, of his boll astaet and honor to on Arthur Forbus, without any con- 
siderasion to his sister, nou lawfell haer, is to me most sad and Strang he 
shold proue so vnnateurall. Only nou Forbus pretends that it is in trust for 
hir; bot nothing apearing in wryteing, which maks me belieue saed of purpos 
to gayne him frends. He is nou in toune and entends to wayt upon your 
Lordship to present you with a letter from my sonne of his ouen dictating, 
of purpose to haue your Lordship's assistance to be posest in all. I haue 
offert him, vpon deleuiring vp of the disposision and boll vrytings, I vill pay 
vnto him vhat munys my sonn oued him, vith ane anuaty douring his lyfe 
which he onc[e] was villing to acsept, but nou schifts, hoping to obteyn your 
Lordship's fauor to accompleise his desynes. I beseich your Lordship to tak 
into considerasion my dochters suferings if not tymly remyd, and be pleist 

1 Mayen Charters, penes Edward Duubar toun, and now of the Earle of Roxburgh." 
Dunbar, Esq. Reg. Grey friars'. — " 18th December 166S. 

2 Reg. Burials, Canongate. — " Lord Saltoun Me Loird Sailtm." Whether the first inter- 
was buried in the Church of Halyroodhous ment was only temporary, or whether the 
vpon the 17th December 1668, in the buriall- entry in the Greyfriars' Register was erron- 
place of Sir Lues Bannatine, Baron of Broch- eous, it is now impossible to decide. 



THE ABERNETHIES OP SALTOUN", LORDS SALTOUN. 73 

to grant hir your assistenc[e], that sche may recouer Mr right, wharby so 
ansient a noble famely may be preserued from reuing, and for euer oblige vs 
to ramane, 

" My Lord, 
" Your affectsionet frends and seruents, 

" A. Saltoun." 1 

The pretensions of Arthur Forbes to the title seem never to have been 
entertained, even if advanced ; and the Frasers of Philorth, Alexander the 
elder, and Alexander the younger, on the 3d February 1669, obtained an 
inhibition from the Court of Session to prevent Margaret Abernethy, as 
heir-apparent to her brother, from selling or parting with any portion of her 
estate, until their claims against the late Lord were satisfied ; but this step 
appears to have been taken more for her protection against the machinations 
of Arthur Forbes than for any other reason. 2 

She survived her brother but a short time, and never assumed the 
title, which, after her decease, was claimed by Alexander Fraser, tenth of 
Philorth, who, on the 14th April 1670, was served heir of line, through his 
mother, to George, the seventh Lord ; and his claim was confirmed by 
Charles n. on the 11th of July, and ratified by Parliament on the 21st of 
that month, in the same year, when he succeeded as tenth Lord Saltoun of 
Abernethy. 

As Alexander Abernethy, ninth Lord Saltoun, and last of that sur- 
name, left no issue, the chief male line of that ancient race became extinct 
at his death ; and though families founded by cadets of the name continued 
to exist for several subsequent generations, 3 they have all failed in the male 
line, or have lost their estates, and at the present day, unless by very recent 
purchase, there is not a single landed proprietor in Scotland of the name of 
Abernethy. 

1 Lauderdale MSS., British Museum. 

2 Fife Charter-room, Duff House. 3 See Appendix. 



VOL. II. 



APPENDIX OF CADET FAMILIES. 



THE FRASERS OF OLIVER CASTLE. 

SIR SIMON FEASER, Sheriff of Teaquair and Peebles, 

SON OF SIR GILBERT FRASER. 

rpHE parentage of this Simon Fraser is placed beyond doubt by his 
being termed brother of Andrew, the son of Sir Gilbert Fraser. 1 He 
appears to have been gifted with considerable energy and talent, for as a 
witness to a charter by John de Landels, in the reign of Alexander II., i.e. 
before 1249, he is designated as Dominus and Miles, showing that he had 
received the honour of knighthood while a comparatively young man, and 
had also acquired some landed property. 2 

In one or two of the traditionary histories of the name that have been 
referred to, it is said that this Sir Simon, during the reign of Alexander n., 
defeated Somherl, son of the great Somerled, King of the Isles, who had 
raised an insurrection in Argyleshire ; and also that he was with Alexander n. 
when that monarch died at the island of Bernera, and that he enjoyed the 
favour of Alexander in., as he had done that of his father ; 3 but these writers 
do not give any authority for their statements, or only quote passages from 
romancists of an earlier date, and, therefore, their testimony cannot be 
accepted as authentic, although quite within the bounds of probability. 

But even so much as this cannot be said of some of their assertions, viz., 
that this Simon was a son of Sir Bernard Fraser, 4 which is disproved by his 

1 Cart. Glasgow, No. 232. 3 Annals of the Frasers, pp. 35, 36. 

2 Cart. Melrose, No. 27(i. 4 Annals of the Frasers, p. 35. 



THE FRASERS OF OLIVER CASTLE. 75 

parentage, as shown above ; and of others utterly at variance with ascertained 
fact, to wit, the forged charter of the lands of Lovat in 1253, 1 at which date, 
and indeed down to 1259, the Bissets held that estate, and were succeeded 
by Grahames, and, to use the words of the author of Caledonia, the other 
"interested fictions" of Simon, Lord Lovat, in 1745. 2 

At his father's death, Sir Simon Eraser succeeded him in the office of Vice- 
comes, or Sheriff, of Traquair and Peebles, and is found in the former capacity 
in 1264-5, 3 and in the latter in 1266/ and he seems also to have inherited a 
very large portion of the Peeblesshire estates with Oliver Castle. His 
brother, John, in all probability predeceased their father, and his abilities, with 
the youth of his nephew, Eichard, made him the principal person of the race. 

In 1276 he appears, in company with Sir Hugh de Berkeley, then justici- 
ary of Lothian, when their seals were attached to the resignation, by John de 
Pencaitland, of the lands of that name in East Lothian, in favour of Sir 
Herbert de Maxwell, because the seal of the granter was not very ancient or 
well known. 5 

In 1279 and 1280 " Dominus " Simon Fraser witnessed a charter from 
Patrick, third of that name, to the monks of Coldingham, 6 and also two 
charters of Eoskelyn and Inverleith, from King Alexander in. to William de 
Sancto Claro ; 7 but as the designation of " Miles " is not applied to any of 
the witnesses, it is impossible to decide whether it was this Sir Simon or 
his son that acted in that capacity, though the title "Dominus" would 
lead to the belief that it was the elder of the two. 

In 1279 he and Andrew Eraser became sureties for their brother, William 
Fraser, at that time Dean of Glasgow and Chancellor of Scotland, but very 
soon afterwards Bishop of St. Andrews, 8 as is mentioned in the account of 
that prelate's career in a subsequent chapter. 

A Simon Fraser was appointed one of the justices itinerant for the 
northern counties of England, then held by King Alexander in. as feuda- 

1 Annals of the Frasers, p. 39. 5 The Book of Carlaverock, by William 

2 Caledonia, vol. ii. p. 920. Fraser, vol. ii. p. 407. 

3 Cart. Soltre, No. 41. Chamberlain Rolls, 6 Cart. Coldingham, No. cxxxviii. 

vol. i. p. 51. 7 Cart. Originales, attached to Cart. New- 

4 Cart. Kelso, No. 190. Cart. Glasgow, bottle, Nos. v. vi. 

No. 216. s Cart. Glasgow, No. 232. 



76 APPENDIX OF CADET FAMILIES. 

tory of the English Crown ; and his name is found in that capacity at Wark 
in 1280, in company with Thomas Randolph and Hugh de Peresby, 1 but it 
is doubtful whether this individual, or his son of the same name, held that 
office. 

All genealogists that have treated of the subject have been led to 
imagine this Sir Simon Fraser to be the person who flourished during the 
reign of Queen Margaret, and the earlier portion of the interregnum that 
followed her death, and who died about 1291 ; but a closer examination than 
that made by these writers elicits a fact that appears to show that such was 
not the case, and that the Simon Fraser who appears on record from 1283 
to 1291 was a different person. 

From before 1249 down to 1279 or 1280, Sir Simon Fraser is generally 
found designated as " miles " or knight, but in the record of the Parliament held 
at Scone on the 5th of February 1283-4, at which the Princess Margaret's 
succession to the throne was enacted, the Simon Fraser who attended as one 
of the barons was not a knight. 2 It is true that sometimes the omission of 
this title is of no importance. In many of the charters by the Kings of 
Scotland, and in many of the records of Parliament, the title of knight was 
not given to those whose names were mentioned (for instance in the list of 
names at the Parliament of Briggham in 1289-90) ; but then the omission was 
general, and the title was not applied to any ; whereas, in the record of the 
Parliament of 1283-4 there is first a list of fourteen earls and seven other 
persons, to whom the designation " Milites " is affixed ; and then another list 
of seventeen names, not followed by that designation, fourteenth in which 
is that of Simon Fraser ; and when such a distinction is drawn, it is plain 
that those in the second category had not then attained to the knightly rank 
enjoyed by those in the first. It is therefore evident that the Simon Fraser 
who was not a knight in 1283-4, could not be the same person as the Sir 
Simon Fraser who had borne that title from before 1249 clown to 1280, and 
who was Sheriff of Peebles ; a but as he is found one of the Barons assembled 
in Parliament, a position that would have been occupied by the latter if still 

1 Palgrave, Introduction, p. viii. 

2 Acts of the Parliaments of Scotland, vol. i. p. 82. 

3 Cart. Glasgow, No. 216. 



THE FRASERS OF OLIVER CASTLE. 77 

living, it seems impossible to arrive at any other conclusion than that the 
decease of Sir Simon Fraser had occurred between 1280 and 1283, and that 
his son of the same name had succeeded him. 

SIE SIMON FRASER, " Pater/' 

As noticed in the last page, this individual has been hitherto confounded 
with his predecessor of the same name, and they have been regarded by 
genealogists as one person ; this mistake appears to be rendered still more 
apparent by the fact of this Sir Simon Fraser having left a marriageable 
widow and a family under her care at his death, as related below. 

Although himself the son of a Sir Simon, he received the appellation of 
" Pater " to distinguish him from his own still more celebrated son of the 
same name, who was called " Filius." 

It is probable that he was the Simon Fraser who, without designation of 
any kind, witnessed charters granted to the Monastery of Melrose by Alex- 
ander ill. in 1265, when the king was at Traquair, and also one given to 
those monks by Alexander, the Steward of Scotland, in 1266. 1 He was 
a member of the Council, or Parliament, held at Scone on the 5th of 
February 1283-4, when, in consequence of the death of Prince Alexander, 
the son of Alexander in., it was enacted that if the king should die without 
issue of his own body surviving him, the Crown should descend to his grand- 
daughter, the Princess Margaret of Norway. 2 Simon Fraser was one of the 
barons that attended, and in the record, which separates those who were 
knights from those who were not, his name is included in the list of those not 
so designated, which shows that, although in possession of his full right as a 
baron, he had not yet attained to the personal dignity of knighthood, and 
effectually draws a distinction between him and his predecessor, who had 
been a knight from before 1249. 

It would seem that the Sheriffship of Traquair and Peebles, which had 
been held by his father and grandfather, did not descend to this Simon 
Fraser, for in 1288 William Perel is found as Vicecomes of Traquair; 3 but 

1 Liber de Melrose, Nos. 323, 324, 325. 

2 Acts of the Parliaments of Scotland, vol. i. p. S2. 

3 Origines Parochiales, vol. i. p. 220. 



78 APPENDIX OF CADET FAMILIES. 

he appears to have been compensated for this by having received the higher 
office of keeper of the Eoyal Forests of Traquair and Selkirk. 1 

On the 3d of February 1288-89, a Court was held at Carham-on-Tweed, 
by order of Edward I., to investigate the complaint of John de Massun or 
Mazun, a merchant of Gascony, who alleged that Alexander in. had died largely 
indebted to him. 2 His claim was resisted by William Fraser, Bishop of St. 
Andrews, and the other executors of the Scottish King, who sent " attornati," 
or representatives, to attend the Court. These representatives consisted of 
four monks, three knights, and three clerks of the " rotuli regis." The 
knights are styled " Simon Fraser, Johannes de Lyndesay, and Eicardus 
Fraser, Milites," which shows that the subject of this memoir had by that 
time been knighted. 

On the 17th of March 1289-90, Sir Simon Fraser was one of the barons that 
attended the famous Parliament of Briggham, and affixed their seals to the letter 
sent to Edward I., in the name of the community of Scotland, respecting the 
marriage of the young Queen Margaret to Prince Edward of England. 3 

He swore fealty to Edward I. at Norham, on the 14th of June 1291, 4 and 
was appointed, on the part of Baliol, one of the auditors who were to hear 
the pleadings of the competitors for the Crown, and report thereon; 5 and 
upon the 18th of August in the same year, Edward addressed a mandate to 
him, as keeper of the Forest of Selkirk, desiring him to make donations of 
stags and oak-trees, granted to various nobles, prelates, and monasteries." 

Sir Simon Fraser, Pater, died about the end of 1291. On the 15th 
January 1291-2, the King of England granted the keepership of the Forests 
of Tracpaair and Selkirk to William Comyn, the son of John Comyn, to be 
held by Mm in the same manner that it had been held by Simon Fraser, 
lately deceased. 7 

In April 1294, Eichard Siward received from Edward I. a grant of what 
pertained to the king of the " maritagium " of Maria, the widow of the late 
Simon Fraser, tenant-in- chief of the Crown of Scotland. 8 She became the wife 

1 Rotuli Scotia;, vol. i. pp. 4, 7- 4 Ragman Rolls, p. 10. 

2 Historical Documents of Scotland, vol. i. 6 Rymer's Foedera, vol. ii. p. 555. 
p, 73. 6 Rotuli Scotia;, vol. i. p. 4. 

3 Acts of the Parliaments of Scotland, vol. i. 7 Ibid. p. 7. 
p. 92. 8 Ibid. p. 20. 



THE FRASERS OF OLIVER CASTLE. 79 

of Eichard Siward, and upon the 3d of September 1296 she petitioned Edward 
for an allowance from the lands of her husband, who was a State prisoner at 
the time, alleging that she had nine " infantes " to support, of whom four 
were the children of her present husband by a former wife, and five were the 
children of her late husband, Simon Fresel. As, however, it appears that 
the eldest son of Eichard Siward, and Sir Simon Fraser, Filius, were both 
married men at that time, and the latter had succeeded his father in 1291-2, 
it is evident that this cannot apply to them, and the " infantes " were, in all 
probability, daughters remaining under the care of their mother. 1 

Whatever may have been the number of the children of Sir Simon Fraser, 
Pater, the names of only two are upon record — 

Simon, famous in the annals of that period ; and 

Thomas. 

SIE SIMON FEASEE, " Filius." 

A charter of confirmation of the lands of Kingildore, with the chapel of 
St. Cuthbert, and the lands of Hopcartane, was granted to the Monastery of 
Melrose by Sir Simon Fraser, son and heir of the late Dominus Simon Fraser, 
who had originally made the donation. 2 He added a right-of-way through his 
lands of Hesilyard and Haldeyhardsted, which he seems to have acquired from 
another branch of the family in Tweeddale, for he granted it : — " Sicut in carta, 
mea quam inde habeo de domino Laurencio Fraser, quondam Domino de 
Drumelliare plenius continetur." He also, by a second charter, conferred a 
right-of-way through his lands of Hoprewe upon the monks. 3 Both these 
charters were witnessed by a Sir Andrew Fraser, but it is impossible to deter- 
mine whether this was his grand-uncle, or his cousin, of that name. 

Sir Simon Fraser, who was called " Filius," succeeded his father about 
the end of 1291, and on the 12th of July 1292, Edward I. issued a mandate 
for the dehvery of his paternal lands to him, upon the payment of 100 marks, 
the rekef of them due to the Crown; 4 but William Per el was continued in 

1 Historical Documents of Scotland, vol. ii. of Traquair in June 1292, — Rotuli Scotia?, 
pp. 92, 93, 96. vol. i. p. 8, — the charter was later than that 

2 Liber de Melrose, No. 355. One of the date. 

witnesses was William Perel, "quondam 3 Liber de Melrose, No. 356. 

vicecomite de Twedal," and as he was Sheriff 4 Rotuli Scotiee, vol. i. p. 9. 



80 APPENDIX OF CADET FAMILIES. 

the Sheriffship of Traquair, and the keepership of the forests of Traquair 
and Selkirk was bestowed upon William Comyn; 1 and Sir Simon Eraser at 
first did not enjoy the high offices that had been held by his predecessors, 
though, at a later period, he acquired the keepership of Selkirk Forest. 

His name is not found in the list of auditors appointed in 1291 to hear 
the pleadings of the competitors for the Crown. It is possible that he may 
have been absent at the time, or he may not have attained sufficient import- 
ance to be associated in that office with the four Frasers in the list, viz., his 
grand-uncle the Bishop of St. Andrews, his father, and his cousins, Sir 
Iiichard and Sir Andrew; but in 1292 he was one of the witnesses to the 
homage of Baliol to Edward I., and his name is found immediately following 
those of his two cousins, in the record of that performed at Newcastle-on- 
Tyne, on the 26th of December in that year. 2 

After the battle of Dunbar, which was fought on the 27th of April 1296, 
Sir Simon Fraser seems for some short time to have continued in arms 
against the English power, as it was not until the 13th of October that he 
made submission, and swore fealty to Edward I. at Kirkham. 3 He was one 
of those carried captive into England by order of that king, and on the 2d 
of January 1296-7, his wife, Maria, received an allowance of 50 marks for her 
support, out of his lands, which were declared to be worth 200 marks a year. 4 

It was the policy of Edward I. to enlist in his service the courage and energy 
of the gallant Scoto-Norman barons whom he had overcome, and accordingly 
he made them offers, which were accepted by many ; and among the rest, Sir 
Simon Fraser, on the 28th of May 1297, entered into a solemn obligation to 
serve the King of England in his war with the King of France, for the per- 
formance of which he pledged wife, children, and all belonging to him, and 
his cousin, Sir Eichard Fraser, also became his surety, and undertook that he 
would fulfil his engagement. 5 Upon this Sir Simon was released from cap- 
tivity, for the purpose of making the necessary preparations for that service. 

Some authors, especially Abercromby, have made it a merit in those 
barons, who accepted their release from prison in England on the condition 

1 Eotuli Scotiae, vol. i. p. 7. 4 Historical Documents of Scotland, vol. 

2 Original Document, Record Office, London, ii. p. 96. 

:i Palgrave, p. 155. 5 Original Document, Record Office, London. 



THE FRASERS OF OLIVER OASTLE. 81 

of serving Edward in his foreign war, that they either forfeited their obliga- 
tions altogether, or deserted when in face of the enemy. This is an illustra- 
tion of the extent to which a preconceived theory may influence the judgment 
of historians. Had these barons committed an act of that nature, they 
would not only have been at once adjudged traitors, but would have been 
branded with contempt and infamy as Knights, in an age when an 
engagement for military service was a far stronger bond than any duty to 
fatherland. 

As regards Sir Simon Fraser, there is no doubt that he faithfully per- 
formed the obligation he had undertaken, for the record of his wages as a 
Knight Banneret, from the 13th of September' to the 19th of November 1297, 
is extant, as having been paid to him at Ghent on the 13th of January fol- 
lowing. 1 These wages amounted to £27, 4s., being for sixty-eight days, at 
the rate of 4s. per diem for himself, 2s. for the knight in his service, and Is. 
for each of their two squires ; total, 8s. per day. 

There is an additional proof of his service abroad in the mandate for the 
restoration of his estates, issued by Edward on the 21st of September 1297, 
in which it is expressly stated that he was then beyond sea with the king, 
serving under his command. 2 

During the year 1298, though returned to his native country, he is still 
found an adherent to the English interest, for in that year stores for revictual- 
ling the Castle of Edinburgh and other fortresses were ordered to be shipped 
at Berwick and taken to Leith, to be there kept by Sir Walter de Hunter- 
combe, " so that when the said things shall be there, Sir Walter de Hunter- 
combe and Sir Simon Fraser, each upon his own part, shall spy and watch 
the time and opportunity when the articles aforesaid can best be conveyed to 
the said places. And when they shall perceive and know that the time has 
arrived, then the said Walter de Huntercombe and Simon Fraser, or one of 
them, shall acquaint all the garrisons thereof, so that the whole affair may be 
accomplished according to the plan agreed upon by them when they were 
together." 3 And about the same time he was associated with the Sheriffs of 

1 Historical Documents of Scotland, vol. ii. p. 139. 

- Ibid. p. 230. 

3 Ibid. p. 293, translation from royal order in Norman-French. 
VOL. II. L 



82 APPENDIX OF CADET FAMILIES. 

Roxburgh and Jedburgh to determine in what manner the English garrison 
of Berwick, consisting of sixty men-at-arms and a thousand foot-soldiers, of 
whom one hundred were to be crossbowmen, should receive the king's pay. 1 

From this it is evident that Sir Simon Fraser was then not only in the 
peace of the King of England, as it was termed, but actively employed in his 
service, although not unsuspected of leanings in the contrary direction by 
some of the English officials, as is apparent from the following passage in a 
letter of the 9th of August 1298, from John de Kingston, Constable of Edin- 
burgh Castle, to Walter de Langton, bishop of Chester, and lord treasurer of 
England, translated from the original Norman- French, which, after the formal 
salutations and a reference to other matters, proceeds in these terms : — 

" Sire, — As to the news in our neighbourhood, I have told you that the 
Earl of Buchan, the Bishop of St. Andrews" [William de Lambyrton, suc- 
cessor to William Fraser, who had died the year before], "and other Earls 
and great Lords, who were on the other side of the Scottish sea, have come to 
this side, and were at Glasgow on the day on which this letter was made ; and 
by . . . they intend to go towards the Borders, as is reported among them and 
their people who are in the forest. And whereas Sir Simon Freser comes to 
you in such haste, let me inform you, sire, that he has no need to be in such 
a great hurry, for there was not by any means such a great power of people 
who came into his jurisdiction, but what they might have been stopped by 
the garrisons, if Sir Simon had given them warning, and of this I warned 
him eight days before they came ; and before they were entered into the forest 
it was reported to me that there was a treaty between them and Sir Simon, 
and that they had a conference together, and ate and drank and were on the 
best of terms. Wherefore, sire, it were well that you should be very cautious 
as to the advice which he shall give you. 

" And let me tell you, sire, that this same Sir Simon sent me a letter 
(whereof I send you the copy) the day when he set out from his charge, or 
the next day, and he wished that I should come thither to him, to which I 
made such an answer as I send you in writing, but I do not know whether it 
reached him or not. And he sent me other letters some time before I came 
thither to him, on the day on which our enemies came suddenly before our 

P- 



THE ERASERS OF OLIVER CASTLE. 83 

castle, and on which Sir Thomas d'Arderne was taken ; wherefore I fear 
that he is not of such good faith as he ought to be. Wherefore I beg of you, 
and the rest of the King's council, to beware." 1 

The above letter must have followed Sir Simon, who had already set out, 
bearing with him another letter, of the 31st of July, from the Governor of 
Berwick, to be delivered by the Lord Treasurer to the king, in which his 
conduct is represented in a more favourable light, of which letter the follow- 
ing is a translation : — 

" Sire, — Sir Simon Frezer is going to your service, who has prayed me 
much to ask you to hold him excused, because ... to your royal Lordship 
to consider that he has been good and loyal to you, and well and loyally has 
he carried himself towards you, and takes great pains . . . promise, and 
that you would have him excused as to his stay. This I witness to you, by 
the faith which I owe you, and also, that he has not failed in his residence 
. . . Lordship, and increase your honours. Written at Berwick, 31st July." 2 

He appears to have vindicated his good faith to the satisfaction of the 
higher English authorities upon this occasion, and in September 1298, he 
was one of the barons summoned to assemble at Carlisle on the day after 
Pentecost 1299, to attend Edward in the Scottish war; and the prorogation 
of the time at which the King was to arrive there, from Pentecost to the 2d 
of August, was notified to him, among others. 3 

In November and December 1298, he was actively engaged in making 
arrangements to support John de Kingston, Constable of Edinburgh Castle, 
who had formerly been suspicious of him, in a raid or foray which he was 
ordered to make as far as Stirling, and to effect this Sir Simon Eraser was to 
bring twenty horses (men-at-arms); 4 " Sir Alexander Baliol, ten ; the Constable 
of Jedburgh, ten ; the Constable and Sheriff of Eoxburgh, forty ; Sir Walter 
de Huntercombe, leader of Northumberland, thirty ; the garrison of Berwick 
(that is to say of the town), thirty ; the Earl Patrick, March (if he would be 
so good as to send his troops along with the King's troops), to the number of 
ten ; from the Castle of Edinburgh itself, thirty armed horse, at the least, and 

1 Historical Documents of Scotland, vol. ii. 3 Pvymer's Foedera, vol. ii. p. 829. 

p. 302. i Historical Documents of Scotland, vol. ii. 

2 Ibid. p. 302. p. 336. 



84 APPENDIX OF CADET FAMILIES. 

besides, to cause the garrison of Norham to be asked for twenty horses j" 1 
making in all one hundred and ninety men-at-arms, a very respectable force 
for that period. 

On the 27th of March 1299, he received from King Edward the First a 
confirmation of the order for the restoration of his estates, which had been 
granted on the 21st of Septemher 1297 ; 2 and on the 16th of July 1299, he 
was appointed one of a council to meet at York, for the purpose of deliberating 
upon the affairs of Scotland, of which the other members were, the Arch- 
bishop of York, the Bishops of Durham and Coventry, the Earl of Lincoln, 
Sir Henry Percy, Patrick de Dunbar, Earl of March, Gilbert de Uinphra- 
ville, Earl of Angus, John Wake, Eobert Fitz-Eoger, William de Latimer, 
Eobert de Clifford, and Eadulph Fitz- William. 3 

Sir Simon Fraser served in Edward's army during the campaign of 1300, 
and in June of that year was in the third division of the English army, com- 
manded by the king in person, at the siege of Carlaverock Castle. His name 
appears in the metrical account of that event by Walter of Exeter, and he is 
further described as having for armorial bearings, silver rosettes on a black field. 
" Symon Fresel de cele gent, 
Le ot noir a rosettes de argent." 4 

It is probable, from the expressions in John de Kingston's letter, quoted 
above, that the keepership of the Forest of Selkirk had been restored to Sir 
Simon Fraser at the time the letter was written, but, at all events, he had obtained 
that appointment before October 1300, in which month the truce between the 
English and the independent Scottish party was notified to him under the title 
of Guardian of Selkirk Forest ; 5 and in the same year he was allowed £64, 18s. 
as pay for his retinue, consisting of three knights and twelve squires. 6 

It is evident from the preceding records, that down to the end of the year 
1300, Sir Simon Fraser was not only liegeman to the King of England, but, 
with the exception of the insinuations of John de Kingston in 1298, which 
he seems to have rebutted, was very highly trusted and employed by the 

1 Historical Documents of Scotland, vol. ii. 4 Siege of Carlaverock, edited by Harris 
p. 341, translated from original memorandum. Nicolas, pp. 35, 36. 

5 Palgrave, No. cxxii. Rymer's Fcedera. 

2 Ibid. p. 369. i •• ook 

1 vol. ii. p. 925. 

3 Ibid. p. 380. 6 Wardrobe Rolls, A.K. 28, p. 198. 



THE FRASERS OF OLIVER CASTLE. 85 

English authorities. The causes which induced him not long afterwards to 
renounce his fealty to Edward I., and to join the independent Scottish party, 
are somewhat obscure, but further on it will be found that the fraudulent 
rapacity of some of the English officials may have had much to do with it. 
In September 1301, a letter from Kobert de Tilliol, the keeper of Lochmaben 
Castle, to King Edward I., mentions Sir Simon Freser as being in arms against 
him at a place called Stanhouses j 1 and in the following year he was chosen 
a guardian of Scotland, and associated with Sir John de Coniyn of Badenoch 
in the leadership of the independent Scottish party. 2 

The guardians of Scotland seem to have managed to avoid submitting 
to Edward I. during his campaign in that country, from the 6th of June 1301 
to the 18th of February 1301-2 ; but they doubtless were reduced to great 
extremity, and unable to maintain any appearance in the field. Upon the 
return of the king to England, however, they renewed their efforts, harassing 
the English garrisons, and wasting the lands of those who had come into the 
peace of Edward ; and in this they appear to have met with tolerable success 
during the spring and summer of 1302, so that Edward, on the 29th of Septem- 
ber in that year, commanded Sir John de Segrave and Sir Ralph de Manton, the 
Cofferer, or Treasurer, to lead a strong expedition against them from Berwick 
towards Stirling and Kirkintilloch, 3 of which expedition the famous battle of 
Roslin was the result. Fordun has fixed the 27th of July 1302 as the date 
of this battle, 4 but he can scarcely be correct in this, for, as noticed above, 
Edward's order for the expedition was not issued until more than two months 
after that date, and it must have taken place towards the close of the year, 
or, as some authorities say, in the early part of 1303. 

Sir John de Comyn and Sir Simon Fraser collected their forces to oppose 
the expedition, but it is very difficult to arrive at any accurate idea of the 
numbers engaged on either side, for the eight or ten thousand men of the 
Scottish army, and the thirty thousand of the English, mentioned by Aber- 
cromby, appear incredible. It is, however, admitted by all that the English 
forces outnumbered the Scottish in the proportion of three to one, and they 

1 Historical Documents of Scotland, vol. ii. 3 Historical Documents of Scotland, vol. ii. 
p. 431. p. 44S. 

2 Fordun, Gesta Ann alia, Nos. cvii., evxii. 4 Fordun, Gesta Annalia, No. cvii. 



86 APPENDIX OF CADET FAMILIES. 

are said to have marched in three divisions, each larger than the whole 
army of their opponents ; but whether from difficulty in finding quarters, or 
in consequence of a loose state of discipline, they were not near enough to 
support one another. 

Various authors have described the battle in different ways, some making 
the Scottish army surprise the first English division, and be surprised in its 
turn by the successive attacks of the other two, although, in spite of this, it 
defeated all three. This account rests principally on the authority of Fordun, 1 
whose relation is most minute, but reads rather like that of an imaginary 
battle than of a real engagement, and seems as if written to exalt the personal 
heroism of the two leaders, John de Comyn and Simon Fraser, at the expense 
of their generalship. It represents them as ignorant of the existence of 
the second and third English divisions, which seems incompatible with the 
sagacious and spirited leadership necessary to gain three victories in one day 
over adversaries of vastly superior force. Wyntoun 2 has followed Fordun 
closely ; but some English authors, on the other hand, state that the third 
English division so far retrieved the fortunes of the day as to rescue Sir John 
de Segrave, who had been taken prisoner, and to retreat in good order. Neither 
account is very probable. The Scottish army, without the advantage of a 
very strong position, of which nothing is said, was not likely, if acting on the 
defensive, to defeat in succession three divisions, each as numerous as itself ; 
while, on the other hand, if the third English division could have stood its 
ground, and rallied the other two upon it, with their enormous superiority of 
numbers, there need have been no retreat at all, to say nothing of the flight 
nearly as far as Berwick, related by some writers ; and it seems more reason- 
able to believe that the Scottish army, having marched sixteen miles from 
Biggar, surprised the first English division near Boslin, from which place the 
battle received its name, and after a short, though sharp, engagement, com- 
pletely routed and chased it, until both fugitives and pursuers reached the 
second division, when the conflict was renewed, but with a similar result, and 
that the two divisions, disorganised and panic stricken, carried confusion into 
the ranks of the third, which was also broken, and that, after a desperate 
struggle, the three were put to the rout, and pursued nearly to Berwick. 

1 Fordun, Gesta Annalia, No. cviii. 2 Wyntonn, lib. vm. cap. xvi. 



THE FRASERS OF OLIVER CASTLE. 87 

The following extract from an old metrical romance by Robert de Brunne, 
in which he describes the interview between Sir Simon Fraser and Sir Ralph 
de Manton the Cofferer, when the latter was brought in prisoner, is curious, 
as throwing some light upon grievances that may have led, in some degree, to 
Sir Simon's change of side, and for which he apparently took a severe revenge. 1 

" Sir Ralf the Coffrers, that time was Treasurer, 
He was one of the pers, his life was all in wehere, 
He had great catelle, his life for to save, 
Sir Simon the Freselle that ilk catelle suld have, 
Simon was austere, to Ralf spake full grim, 
That made thee Treasurer thou hast defeyed him, 
And me, and many mo, from our wages zede quite ; 
Sir Ralf thou resceyued tho' by taile and by scrite, 
Thou did us more travaile, ilk man thou reft his wage, 
Now shall I with thee taile, and put thee in the arerage. 
Of preist thou hast no mark, albe, nor no amite, 
But laced in a hauberk, that is no clerk's- habit, 
For all those clerks of Rome, that sing in kirke, or read, 
Thou shalt have thy doom, as thou servest indeed." 2 

However apocryphal this speech, put into the mouth of Sir Simon Fraser, 
may be, it shows that, in the opinion of writers of that age, he had just 
cause of complaint against the cofferer's rapacity, and that the latter, in his 
office of treasurer, had defrauded many of the Scottish barons and knights 
of their wages or pay granted by Edward I., than which nothing in those 
days was more likely to cause them to revolt. 

Although the victory of Roslin was a glorious passage of arms, it had but 
slight effect upon the main event of the war, unless, indeed, it induced 
Edward t. to once more enter Scotland, with overpowering forces, in May 

1 Maitland Club. Documents illustrative Et Ealf ly Cot'rers ke grant aver tendist 

of Sir William Wallace, p. 94. A Symoned Frisel, ke la ne moresist, 

Fresel ly regarde, Fresel ly redist 

'- The above appears to have been taken Tu as le roy traliy, ke tresorer te fist, 

from an earlier metrical chronicle in Norman- Et moi > et mulz des altres ' dunt nes u " est t l uit 

French, by Pierre de Langtoft, of which Des gages Ice tu doit par tayle et par escnt. 

_ , . , "L , , , Or es-tu cy trove, sanz albe et sanz amyt, 

Robert de Brunne seems to have made a free En hauberke de fer6j ke n . est pas habit 

and amplified translation. The original (p. As cIers de sainte eglise par kant se chant et lit, 
345) runs thus : — Tu ayeras jugement solum toen merit. 



88 APPENDIX OF CADET FAMILIES. 

1303, where he remained until August 1304, more completely overrunning the 
country, and more thoroughly subduing it than upon any previous occasion. 

Sir Simon Fraser appears to have continued in arms against the English 
power during the year 1303, and in company with Sir William Wallace, to 
have retreated into the strengths of his own part of the country, Tweeddale, 
in the beginning of 1304. The English, however, under Sir William de 
Latimer, Sir John de Segrave, and Sir Eobert de Clifford, pursued them, and 
in March of that year attacked and defeated them at Hoprewe, one of 
Simon Eraser's estates, for bringing intelligence of which success, Nicholas 
Oysel, valet to the Earl of Ulton, received a present, by order of Edward I. 1 

The whole of Scotland once more submitted to the King of England, and 
the only place of strength that held out, Stirling Castle, was reduced in the 
summer of 1304, after a three months' siege. Some few persons were, how- 
ever, excepted from the amnesty granted by Edward in that year, and among 
these were Sir John de Comyn, Sir Alexander de Lindsay, Sir David de 
Graham, 2 Sir Thomas de Boys, and Sir Simon Fraser, who were sentenced to 
various terms of exile from the dominions of the English King, and at the 
same time prohibited from entering the territories of the King of France. 
The commencement of this banishment, the duration of which was to be four 
years in Sir Simon's case, appears to have been fixed for the twentieth day 
after Christmas 1304; but an order from Edward I., seemingly issued after 
the capture of Stirling Castle, declares " that Sir John de Comyn, Sir Alex- 
ander de Lindesay, Sir David de Graham, and Sir Simon Fraser, who were to 
keep themselves in exile or banishment according to the ordinance thereupon 
made, as well as other men of Scotland, should labour between that time and 
the twentieth day after Christmas, to take Sir William Wallace, and to deliver 
him to the King, in order that the King may see how they will conduct them- 
selves in this affair, and so that he may show more favour to him who shall 
have taken Wallace, whether by shortening the period of his exile, or by 
diminishing the amount of his ransom or forfeiture, or other matters which 
he shall be held (bound) to perform towards the King." 3 

1 Wardrobe Polls, Edward I., a.d. 1304. 

2 A different person from Sir David de Grahame of Lovat, who died about 129S, and was 
succeeded by his son Sir Patrick. 3 Palgrave, Introduction, pp. cxxviii, 276. 



THE FRASERS OF OLIVER CASTLE. 89 

How far this order, with its accompanying bribe, influenced the conduct 
of those to whom it was addressed, cannot be traced with any certainty, but 
none of those whose names are mentioned in it appear to have actually gone 
into banishment, and in 1305 Sir Simon Eraser's estates were again restored to 
him, subject to a tine of three years' rental, which, in his case, and all similar 
ones, was to be levied in the following manner : —The estates were to be valued 
by the Chamberlain and the Lieutenant of Scotland, and one half of the rents 
was to be applied to the payment of the fine each year until the whole was 
paid, the other half of the rents being left to the owners for their support. 1 

Scotland having been more completely subdued than it ever was before, 
and the heroic Sir William Wallace, who alone refused submission, having 
been betrayed, taken prisoner, and put to death with great cruelty, at London, 
in August 1305, Edward i. probably anticipated no further outbreak in that 
country ; but in this he was disappointed, for the next year was to witness 
the rise of England's most formidable adversary, although at first even his 
exertions seemed futile against her power. 

In the spring of 1306, when Eobert de Bruce assumed the crown, Sir 
Simon Fraser was one of the first to join his standard ; and at the disastrous 
battle of Methven, fought on the 19th of June, he greatly distinguished him- 
self, according to an author, who, applying to him the epithet of " Bellator," 
states that King Eobert, having been thrice unhorsed, was thrice rescued 
and remounted by him. 2 

These gallant efforts, however, could not avert the crushing defeat which 
for a time appeared to render the cause of Bruce utterly hopeless, and either 
in the pursuit, or soon afterwards, for accounts differ on this point, Sir Simon 
Fraser was taken prisoner by Sir David de Brechin, and consigned to the 
custody of Sir John de Segrave or Sir Aymer de Valence, 3 by one of whom 
he was to be strictly guarded, his estates being granted to the one who had 
him in charge, such being the importance attached to his capture that Henry 
de Prendergast obtained a grant of lands for bringing the news of it to 
Edward i.* 

The view taken by that monarch as to the measures necessary for the 

1 Rymer's Fcedera, vol. ii. pp. 969, 970. 3 Rymer's Fredera, vol. ii. p. 1014. 

2 Prynne, p. 1123. 4 Palgrave, p. 310. 

VOL. II. M 



90 APPENDIX OF CADET FAMILIES. 

subjugation of Scotland had undergone a considerable change, and his treat- 
ment of his conquered enemies in 1306, after the battle of Methven, was 
very different from that which they had experienced in 1296, or even in 
1304. While he spared but few of the prisoners, he doomed Sir Simon 
Fraser to a cruel death, similar to that inflicted on the heroic Sir William 
Wallace in the previous year. 

He was conveyed to London, where, after a formal trial, he was sentenced, 
and upon the 8th of September 1306 he was drawn on a hurdle to the place 
of execution, there hanged, and afterwards beheaded, and his head placed on 
London Bridge, near that of Sir William Wallace ; his body was again hung 
in chains upon the gallows, from whence, about Christmas, it was taken 
down and burnt in consequence of the superstitious fears of the populace. 

His tragical fate is related with exultation in old English metrical 
chronicles and ballads, which, however, add nothing to his history, and are 
only interesting from the quaintness of their language ; they all impute breach 
of faith towards the King of England as the cause of his execution. 1 A very 
circumstantial account of his capture at the battle of Methven is also found 
in a fragment of a chronicle of the fifteenth century; 2 but its accuracy is 
very doubtful, for the writer commences by making Edward i. command the 
English army in person upon that occasion, which is certainly untrue. 

So ended the life of this distinguished soldier; but his public career, when 
read by the light of authentic record, scarcely appears to deserve the epithets 
freely lavished upon him by many authors, such as " Patriot," " Martyr," 
"seconder of William Wallace," and "the man who, alone of the aristo- 
cracy, was indisposed to view with envy the merit which called this hero 
to command." 3 It is evident that after the general submission of King John 
Baliol and the Barons of Scotland, in 1296, he was a faithful liegeman and 
official of Edward I. down to the end of the year 1300 at least; and that, if 
he were present at the great battle of Falkirk, where Wallace was defeated 
in 1298, he must have been serving in the English ranks. It was, very 
probably, some private injustice or injury that caused him to renounce his 

1 Peter de Langtoft, p. 335 ; Harleian MSS., No. 2253. 

2 British Museum, Harleian MSS., No. 266. 

3 Anderson, History of the Family of Fraser, p. 24. 



THE FRASERS OF OLIVER CASTLE. 91 

fealty to the King of England, and to join the independent Scottish party 
from 1301 to 1304, and he may also have "been influenced by ambition. 

When opposition to the then irresistible power of England could no 
longer be maintained, he submitted again, and was pardoned in 1305, but 
only on condition of paying a heavy fine ; and the pressure of this, possibly 
enhanced by the rapacity of the officials by whom it was collected, may have 
rendered him, in 1306, ready to embrace any chance of vengeance, and escape 
from their oppression, and caused him to join Eobert Bruce in that year. 

His conduct in his last field was worthy of his military reputation, and 
his cruel death may atone for many faults ; but his character was neither that 
of patriot nor martyr, and such epithets are misapplied towards him. He 
was one of the bravest and most energetic men of his day, but it is a mis- 
take to ascribe his conduct to motives which had then no existence. In the 
vindication of William Fraser, Bishop of St. Andrews, from the aspersions that 
have been cast upon him, the real state of society at that time is glanced at, and 
it may here be pointed out that among the Scoto-rTorman barons patriotism 
or the love of fatherland, as it is now understood, had no existence at that 
time (the feeling that prompted Wallace was resistance against oppression, 
not love of country), and that, however strict their recognition of feudal ties, 
they cared but little who their feudal superior might be, and were ready to 
transfer their allegiance to any prince powerful enough to enforce their sub- 
mission, and to perform the reciprocal obligation of maintaining them in their 
feudal rights. Such laxity of opinion on the subject of allegiance is not 
surprising, for the age had hardly gone by in which any successful leader 
might aspire to acquire a kingdom and found a royal family. 

The King of England has been execrated by Scottish writers for the severi- 
ties perpetrated by his order after the battle of Methven, and the barbarous 
execution of Sir Simon Fraser has been especially held up to reprobation. 

It is scarcely necessary to say that no defence or palliation of such atrocities 
in the abstract is intended ; but in order to form a just judgment of the conduct 
of any prince, it must be considered by the light of the age in which he lived and 
under which he acted, and ideas and feelings, the product of more enlightened 
times, must be rigorously excluded. The conduct of the King of England must 
therefore be judged by the light of early feudal law and custom only. 



92 APPENDIX OF CADET FAMILIES. 

Let it be conceded most fully that Edward I., an astute and not over- 
scrupulous monarch, aware of the great advantages that would accrue from 
the union of the two kingdoms under one crown, and foiled by the death of 
Queen Margaret in' his endeavour to bring this about peacefully, determined 
to effect the object he had in view by any means in his power, and there- 
fore, after obtaining his own recognition as Lord Paramount of Scotland, 
designedly drove Baliol into open rebellion, and seized that kingdom as a 
forfeited fief ; still the facts remain that Baliol and the Barons of Scotland 
did swear fealty to him in 1291-2, and that, after the ineffectual struggle of 
1296, the Barons again more particularly renewed their oaths of submission 
and feudal fealty, and if they broke those oaths, according to the law and 
custom of that age, they did so at their peril. 

Edward, having received these oaths of fealty, having been served, botli 
abroad and at home, for several years by those who had taken them, was 
fully entitled, by the feudal law, to punish those who broke their oaths and 
appeared, according to the ideas of that day, in rebellion against him ; yet 
when they did so, and he had once more completely subdued them in 1304, 
he granted an amnesty to most of them, and although some few were at first 
excluded from that grace, their submission was shortly afterwards accepted 
on various conditions. 

The rising of 1306, headed by Kobert Bruce, and not improbably the 
insight into character which so sagacious a prince as Edward must have 
possessed, and which made him aware of the value of such a leader to his 
adversaries, perhaps also disappointment and failing health, caused him, after 
the victory of Methven, to abandon his former conciliatory policy, and to 
adopt the harshest measures. Doubtless the destruction of all those who, by 
personal prowess or territorial power, could assist Bruce, seemed to him the 
only way to paralyse the resources of one whom he knew to be capable of 
making full use of every advantage, and hence the executions and massacres 
of the year 1306. 

How far this plan of extermination might have been successful had 
Edward been granted some years of vigorous life to carry it out, cannot now 
be judged — his weak son, Edward II., had no nerve to play such a desperate 
game ; and, as it was, there can be but little doubt that it intensified the 



THE FRASERS OF OLIVER CASTLE. 93 

spirit of resistance, and that all who leant to the independent Scottish party, 
and were fortunate enough to escape that bloody year, seeing no longer any 
chance of safety in submission, threw themselves heart and soul into the 
cause of Eobert Bruce, himself more hopeless of mercy than any, when, after 
his short retirement to Kachrin, he again appeared in arms. This, with 
the success that eventually crowned his efforts, widened the breach between 
Scots and English, obliged the former to take a more decided part in the 
struggle, and was the origin of that true patriotism which found an expression 
in the letter of 1320 from the Barons of Scotland to the Pope. 

The misconduct and rapacity of the English officials was no doubt one 
cause of the failure of Edward's designs ; but history proves how powerless 
the best of the feudal monarchs were to restrain such excesses, and a review 
of all the circumstances evinces that he for a long time pursued a conciliatory 
policy towards Scotland, and only abandoned himself to harsh and revengeful 
measures when exasperated by the prospect of failure in the object for which 
he had toiled so unremittingly. 

As regards the execution of Sir Simon Fraser, though the cruelties sanc- 
tioned by the law of that age are repulsive to the ideas of the present day, it 
must, in fairness, be remembered that he only suffered the penalty due by 
feudal law on a vassal twice pardoned and received into favour, and found a 
third time in rebellion. 

The case of Sir William Wallace was different, for although he might 
have been legally considered as included in the general submission of the 
kingdom in 1296, and, therefore, from the English point of view, a rebel, yet 
he, personally, had never sworn fealty, — he, personally, had never made sub- 
mission and again revolted ; but from 1297, when the tyranny and oppression 
of the English Sheriff of Lanark drove him to resistance, down to 1305, when 
he was overcome by treachery, he, with a few associates, had steadfastly 
adhered to the independent Scottish party, of which he was the originator, 
and which most of the Scoto-Norman barons joined or abandoned very much 
as suited then - convenience or their private interest, and without one thought 
that is discernible for the benefit of their country. At the same time they 
were not without a certain beneficial influence, for the histories of both 
England and Scotland abundantly evince that it was the vivifying principle 



94 APPENDIX OF CADET FAMILIES. 

of the Norman intense love of personal freedom, curiously combined with sub- 
mission to authority established by common consent, acting upon the equally 
brave, but more sluggish and servile Saxon temperament, that gradually 
brought about the rational liberty, and obedience to law, which has so long 
been the boast of the inhabitants of Great Britain. 

Sir Simon Fraser left no son, but he had two daughters, one married to 
Gilbert 1 Hay of Locherwart, 2 an ancestor of the noble family of Tweeddale, 
the other to Sir Patrick Fleming, from whom were descended the Earls 
of "Wigton ; but it is impossible to trace the division of his property 
between them. At a future date, however, the Hays of Locherwart are found 
in possession of his estate of Hoprewe, and of the hereditary Sheriffship 
of Peebles, in which that of Traquair was merged, to which their alliance 
with one of his daughters may have given them a claim ; and the lands of 
Honemener, Glenrustok, in the barony of Oliver Castle, belonged to a 
Patrick Fleming in the reign of Eobert m. 3 

The royal forests of Selkirk and Traquair, of which Sir Simon Fraser 
and his father had been keepers, were conferred by King Robert I., after the 
independence of Scotland had been achieved, upon the good Sir James of 
Douglas in free barony, who had well deserved the gift by his long and suc- 
cessful defence of the southern forest districts against the English. 4 

Upon the death of Sir Simon Fraser, Filius, this branch of the race, 
rendered illustrious by the eminence of the three individuals that succes- 
sively bore that name, appears to have become extinct in the male line, for 
no record is found of any descendants of his brother Thomas Fraser, of 
whom the only notice extant is the demand for his lands by Thomas de 
Grey in 1306, in which he is styled "frere Mons Symon Fraser." 5 

Attached to Sir Simon's obligation, in 1 29 7, to serve Edward in his war with 

France, is an impression of his seal. The arms upon the shield are six rosettes 

or cinque foils, 3.2.1, with a label of four points. There is a figure resembling 

a lizard, perhaps a dragon, on each side of the shield, and the inscription 

round the seal is " S. Simonis Friser." The letter " i " would seem to have been 

1 Chalmers, in Caledonia, vol. ii. p. 932, 2 Douglas Peerage, vol. ii. pp. 603-630, 

calls him " William, and his wife Mary," quoting Caledonia, vol. ii. p. 922. 

but also, at p. 922, on the authority of Craw- 3 Robertson's Index, p. 146, No. 37. 

ford, names him " Gilbert.'' * Ibid. p. 10, No. 24. 6 Palgrave, p. 303. 



THE FRASERS OF OLIVER CASTLE. 



95 



an error on the part of the engraver of the seal ; had it been an " e," one form 
of the name would have been represented, but Friser is met with nowhere 
else ; and in documents of the age his name is written Freser, Frezer, and 
Fraser, indifferently. It is also evident that the seal is an early one, engraved 
during his father's lifetime, and before he himself had received knighthood, to 
which dignity be had attained before 1297, and its employment at that time 
was probably accidental. His arms, as described by Walter of Exeter at 
the siege of Carlaverock in 1300, were sable, six rosettes argent. 




Sir Simon Fraser, Filius, 1297. 




Sir Simon Fraser, Filius, 1300. 



SIR ANDBEW FRASER, son of Sir Gilbert Fraser. 

In 1280 Andrew Fraser, designated as the son of the late Sir Gilbert 
Fraser, with the consent of his wife, Beatrice, granted to the Monastery of 
Kelso a carucate of land, bought by him from William, son of John, the son 
of John of Kirkland, which was situated in the district of Gordon, in Ber- 
wickshire, and he included in his gift Adam, the son of Henry de Hoga, 
" nativo meo, cum sequela sua." 1 This grant in after years became the subject, 

1 Cart. Kelso, No. 124. 



96 APPENDIX OF CADET FAMILIES. 

among others, of a dispute between the monks and Sir Adam de Gordon, 
which was settled in 1308, and in the agreement the original granter is styled 
" Andree Fraser, militis," and is said to have died before that time, when Sir 
Adam de Gordon appears as having acquired the rights in the lands with which 
Sir Andrew had dealt at the earlier date. The record of the Abbey of 
Kelso likwise states that the marches between Bolden and Faudon were fixed 
" gratia Domini Andree Frysel," but no date is assigned to this last event. 1 

When William Fraser was Dean of Glasgow in 1279, immediately before 
his election as Bishop of St. Andrews, he entered into an obligation for 
certain purposes with the chapter of that cathedral, and in addition to pledg- 
ing all his goods, moveable and immoveable, for its due performance, for 
greater security to the Chapter, he named his brothers, " Dominum Symonem 
Fraser, militem, et Andream Fraser," his sureties. 2 Andrew Fraser, there- 
fore, was not a knight at that date ; but from his having been so styled in 
the agreement of 1308 above mentioned, he must have attained to that 
dignity before his death, and he may have lived as long or longer than his 
brother the bishop, who died in 1297. One author, Mr. Anderson, has 
supposed him to have been the Sir Andrew Fraser whose name is found in 
public records from 1291 to 1297, 3 and who was the father of Sir Alexander 
Fraser, the Chamberlain of Scotland during part of the reign of Bobert I., 
and upon a superficial view, this hypothesis is plausible enough ; but it has 
been shown in the account of that individual, that the positions in which 
he is found are quite irreconcileable with his having been of such an 
age as that to which a brother of Sir Simon Fraser, the Sheriff of Traquair 
and Feebles, and of William Fraser, the Bishop of St. Andrews, must have 
attained in 1296 ; and the only way of explaining the matter is to conclude 
that there were two persons of the same name, granduncle and grandnephew, 
who died within a few years of one another. 

It is, of course, impossible to say which of the two witnessed the charters 
to the Monastery of Melrose, granted by Sir Simon Fraser, filius ; and from 
the succession of Sir Adam de Gordon to him, it is probable that this Sir 
Andrew Fraser left no male issue. 

1 Cart. Kelso, Nos. 125, 472. 2 Cart. Glasgow, No. 232. 

3 History of the Family of Fraser, pp. 33-3-1. 



WILLIAM FEASEE, BISHOP OF ST. ANDREWS. 97 



WILLIAM FRASER, Bishop of St. Andrews, 1279-1297, and a Guardian 
or Regent of Scotland, son of Sir Gilbert Fraser. 

As a Churchman of the thirteenth century, this son of the Sir Gilbert 
Fraser from whom were descended the Touch-fraser and Oliver Castle 
branches, cannot be placed in either of those families, while the eminent 
position which he occupied, and the eventful period in which he lived, render 
his career interesting to all of the race. 

He was educated for the Church, took Holy Orders, and became Rector 
of Cadzou (Hamilton), and Dean of Glasgow, 1 in which station he entered 
into an obligation for certain purposes with the Chapter of the Cathedral in 
1279, and for the performance of this engagement his brothers, Sir Simon 
Fraser and Andrew Fraser, became his sureties. 2 It has been already seen 
that there was an Andrew Fraser, son of Sir Gilbert Fraser, in 1280, a and 
this, with the succession of Sir Simon to the Sheriffships held by Sir Gilbert, 
affords evidence of the parentage of the three brothers. 

He was appointed to the office of Chancellor of Scotland, which William 
Wisheart had resigned when made Bishop of St. Andrews, 4 according to 
Crawford in 1274, but certainly not later than 1276, in which year, on the 
10th March, William Fraser was a witness, as Chancellor, to a charter by 
Alexander in. 5 

Havins; succeeded Wisheart as Chancellor, William Fraser aa;am became 
his successor at his decease in 1279 ; and on the 4th of August in that year- 
was elected Bishop of St. Andrews, and consecrated at Rome by Pope 
Nicholas HI. on the 18th of June 1280, about which time he resigned the 
Chancellorship. 

Ere many more years had passed over William Fraser' s head, he exchanged 
the tranquil life of an eminent church dignitary, under the peaceful sway of 
the wise and good king that then reigned over Scotland, for an existence 
embittered by the turbulence of faction, the horrors of war, and at last the 
melancholy prospect of the subjugation of his country to a foreign yoke. 

1 Caledonia, vol. iii. p. 6S3. 4 Lives of Officers of State, p. 15. 

- Cart. Glasgow, No. 232. 5 Acts of the Parliaments of Scotland, 

3 Cart. Kelso, No. 124. vol. i. p. 80**. 
VOL. II. N 



98 APPENDIX OF CADET FAMILIES. 

Upon the death of Alexander in., who was killed by his horse falling- 
over the rocks at Kinghorn, in Fife, on the 19th March 1286, the Prelates 
and Barons of Scotland assembled in Parliament or Council at Scone, on the 
2d April, and appointed six guardians to govern the kingdom, until the 
young Queen Margaret should arrive from Norway and assume the Crown, 1 
to which her right, as grand-daughter of Alexander in., failing issue of his 
body surviving him, had been established by the Parliament held at Scone 
on the 5th February 1283-4. 2 

These Guardians or Eegents were : — 

For the district to the northward of the river Forth — 

William Fraser, Bishop of St. Andrews. 

Duncan, Earl of Fife. 

Alexander de Comyn, Earl of Buchan. 
And for that to the south of the Forth — 

Eobert Wisheart, Bishop of Glasgow. 

John de Comyn, Lord of Badenoch. 

James, Senescallus or Steward of Scotland. 
In the course of the next two or three years, however, the number of 
these guardians was reduced to four, as the Earl of Buchan died in 1288 ; 
and on the 25th of September in the same year, Duncan, Earl of Fife, was 
waylaid and murdered at Petpolloch, by Sir Patrick de Abernethy and Sir 
Walter de Percy, while Sir William de Abernethy watched another road which 
the Earl might have taken, and is asserted by historians to have been the 
instigator of the crime, 3 although in the account of the Abernethy family, 
it has been shown that his elder brother, Sir Hugh de Abernethy, was the 
true originator of the outrage, and Sir William, if present at all, only one of 
the instruments. 

No fresh appointments were made to fill the places of the two deceased 
guardians : as by the constitution of the Eegency both had belonged to the 
northern division of the kingdom, the Bishop of St. Andrews was left sole 
Regent of that large district ; and in virtue of his representing the royal 

1 Fordun, Gesta Annalia, No. lxxxi. 

2 Acts of the Parliaments of Scotland, vol. i. p. 82. 

3 Fordun, Gesta Annalia, No. lxxxii. 



WILLIAM ERASER, BISHOP OF ST. ANDREWS. 99 

authority therein, he assumed the guardianship of the extensive estates of 
the Earldom of Fife, which was the right of the Crown during the minority 
of the heir, Duncan, an infant at the time of his father's murder. 

He had also been appointed one of the executors of Alexander in., and 
with his co-executors, in 1288-9, he resisted a claim made by John de 
Massun, or Mazun, a merchant of Gascony, who alleged that the King died 
in his debt to a considerable amount, but who, according to the defence for 
the bishop and his co-executors, added a little piracy to his mercantile 
pursuits. Edward I. ordered Thomas de Normanville and Guischard de 
Charrun to try the case, which he had power to do, as the plaintiff was a 
subject of his own, or under his protection ; and if redress had been refused, 
the King could have enforced it out of the estates, or rather districts, for 
which the Kings of Scotland were feudatory to the English Crown. The 
bishop sent attornati or representatives to attend the court, among whom 
were his two nephews, Sir Simon and Sir Eichard Fraser ; but the judgment 
appears to have gone against him and his co-executors, in a great degree, 
John de Massun having obtained the verdict of the jury in favour of most of 
his claims, which verdict was repudiated and appealed against by the 
bishop's representatives. 1 

On the 3d October 1289, a Parliament or Council was held at Melrose, 
where the Bishop of St. Andrews, the Bishop of Glasgow, John de Comyn, 
Lord of Badenoch, and Eobert de Bruce, Lord of ADnandale, were appointed 
plenipotentiaries for Scotland, to meet those appointed by Edward I., and 
by Eric, King of Norway. 2 

The plenipotentiaries met at Salisbury during the same month, and 
although nothing in the treaty then concluded between them actually 
referred to the marriage of the young queen and Edward, Prince of Wales, 
there can be little doubt that the subject was broached at their meeting ; and 
during the previous year, the Bishop of St. Andrews appears to have 
visited the English monarch, as in February 1288-9 a commission was 
appointed for the punishment of those who had arrested him and his com- 
panions, when passing through Doncaster, on their way to Edward I. in 
Gascony, by his invitation and under his safe-conduct ; and a further man- 
1 Historical Documents of Scotland, vol. i. p. 71. 2 Hailes' Annals, vol. i. p. 204. 



100 APPENDIX OF CADET FAMILIES. 

date on the same subject was sent to Antony, Bishop of Durham, in February 
1289-90, by which it would appear that the Bishop of St. Andrews and other 
Scottish persons owed their arrest to some action taken by the above-men- 
tioned John de Mazun. 1 

On the 17th March 1290, a letter from the Begents, Frelates, and Barons 
of Scotland, in Barliament assembled at Briggham, was addressed to Edward I., 
giving their hearty concurrence to the project of the above marriage ; and 
another letter was sent by the same authority to King Eric of Norway, earnestly 
requesting him to expedite the young queen's journey for that purpose. 2 

The treaty of Briggham followed, in which this contract of marriage was 
a prominent feature ; and in all these transactions the Bishop of St. Andrews 
took the leading part, which the office of Begent or Guardian rendered obli- 
gatory upon him, although he was not one of those deputed to arrange that 
treaty, who were Bobert, Bishop of Glasgow, Sir John de Comyn, and Alan, 
Bishop of Caithness. 3 

Edward I., alleging as a reason that he had taken an oath, required by the 
treaty of Briggham, to maintain the laws of Scotland inviolate (a somewhat 
flimsy pretext), assumed authority over that country, and in 1290 appointed 
Antony Beck, Bishop of Durham, Lieutenant of Scotland, in the joint names 
of Queen Margaret and the Frince of England, but to act in concert with the 
guardians, and by the advice of the prelates and nobles of the realm ; i and 
soon after taking this step he also demanded that the fortresses and places 
of strength within that kingdom should be placed in his keeping, on account 
of some rumours of danger, " perils et soupqesons," which he had heard. 

The guardians refused to comply with this request, but made counter 
propositions, offering, amongst other concessions, to remove any keepers of 
the fortresses in question that might be distrusted by the King of England, 
and to replace them by unsuspected persons. 

The Bishop of St. Andrews and some of the Barons were assembled in 
Parliament or Council at Perth, towards the end of September or beginning 
of October 1290, to receive King Edward's reply to their proposals, when 

1 Historical Documents of Scotland, vol. i. pp. 79, 121. 

2 Acts of the Parliaments of Scotland, vol. i. pp. So, 86. 

3 Hailes' Annals, vol. i. p. 208. 4 Ibid. p. 213. 



WILLIAM FRASER, BISHOP OF ST. ANDREWS. 101 

the intelligence (sad to all Scotland) reached them of the dangerous illness 
and probable decease of the young Queen Margaret, at the Orkney Islands, 
where she had landed on her journey from Norway, and where she died in 
the month of September. 1 

Upon the report of the queen's death, the several competitors for the 
Crown began to bestir themselves, and events took place which are related in 
a letter from the Bishop to Edward I., written from Leuchars, in Fife, of 
which a translation is here given, as nearly literal as the idioms of the two 
languages will permit, but which will be found in the original Latin. 2 

" To the most excellent Prince and reverend Lord, Lord Edward, by the 
grace of God most illustrious King of England, Lord of Ireland, and Duke of 
Aquitaine, his devoted chaplain W., by Divine permission humble minister 
of the Church of St. Andrew, in Scotland, wishes health and happy fortunes 
in accordance with his desires, with increase of glory and honour. As it was 
ordered lately in your presence, your ambassadors, and the ambassadors of 
Scotland who had been sent to you, and also some nobles of the kingdom of 
Scotland, assembled at Perth, on the Sunday after the feast of St. Michael the 
archangel, to hear your answer upon those [subjects] which were requested, 
and treated [of] by the ambassadors of Scotland before you. 

" "Which answer of yours having been heard and understood, the faithful 
nobles and a certain part of the community of Scotland returned infinite 
thanks to your Highness. 

" In truth, your aforesaid ambassadors and we determined to proceed 
towards the country of Orkney, to confer with the ambassadors of Norway 
concerning the reception of our Lady the Queen, and for that [purpose] 
arranged our journey. 

" But a most grievous rumour spread abroad that our said lady was dead, 
on account of which the kingdom of Scotland is disturbed, and the com- 
munity disheartened. 

" Also, the aforesaid rumour being heard and published, Sir Eobert 
de Bruce, who before that did not intend to come to the above-mentioned 
meeting, came with a great power to confer with some who were there, but 
what he intends to do, or how to act, we do not as yet know. 

1 Hailes' Annals, vol. i. p. 215, etc. 2 See Appendix. 






102 APPENDIX OF CADET FAMILIES. 

" But nevertheless the Earls of Mar and Athol have summoned their forces, 
and some other magnates of the land are drawing each to his own party, and 
therefore there is fear of civil war and great slaughter of men, unless the 
Most High, by your diligence and help, provide a speedy remedy. 

" My Lords, the Bishop of Durham, the Earl of Warren, and we, have since 
heard that our foresaid Lady is recovered of her illness, but as yet is weak, 
and therefore we have decided between us to remain in the neighbourhood 
of Perth, until we have certitude of the condition of our said Lady — may 
it be prosperous and happy ! — through the knights who have been sent to 
Orkney. 

" And if we shall have the wished for news of her, which we expect from 
day to day, we shall be ready to proceed, as arranged, to that country, to 
carry out to the best of our power the affair borne in mind. 

" If Sir John de Baliol comes to your presence, we counsel that you 
should take care to treat with him so that in every event your honour and 
interest may be preserved. 

" If, indeed, it should happen that our aforesaid Lady should have de- 
parted this life, may it not be so ! deign, if it please your Excellency, to 
draw near towards the March for the consolation of the Scottish people, and 
that it may be spared from the effusion of blood, so that the faithful of the 
kingdom may be able to preserve their oath inviolate, and to prefer him as 
king, who of right ought to inherit, provided he will follow your counsel. 
May your Excellency nourish, through a long life, prosperous and happy. 

" Given at Leuchars, on Sunday, the morrow after St. Faith the Virgin's 
day, 1290." 

The events of the succeeding few months need not be detailed, as they 
are matters of general history. It is sufficient to say that all the different 
competitors for the Crown of Scotland, having agreed that the King of 
England should be the arbiter to decide who amongst them had the best 
title, and was the rightful heir to that dignity, and having sent a deputation, 
headed by the Bishop of St. Andrews, to request his acceptance of that 
office, 1 Edward I., who had been obliged to postpone his interference in the 
matter on account of the death of his wife, Queen Eleanor, to whom, with 

1 Fordun, Gesta Annalia, No. Ixx. 



WILLIAM FRASER, BISHOP OF SX. ANDREWS. 103 

just reason, he was tenderly attached, issued his summons to the guardians, 
prelates, and barons of Scotland to meet him at Norham on the 10th May 
1291 for that purpose. 

At this assembly Eoger de Brabazon, on the part of the King of England, 
opened the proceedings by an address, in which he announced the claim of 
that monarch to be Superior, or Lord Paramount, of the kingdom of Scotland, 
and required the recognition of his title before proceeding to other business. 

This demand seems to have taken the assembled nobles by surprise. No 
reply was returned. Yet one (it is unfortunate that his name has not been 
recorded, to be held in all honour) had the courage to exclaim, " No answer 
can be made while the throne is vacant." 1 

Upon this Edward is reported to have vociferated, " By holy Edward, 
whose crown it is that I wear, I will vindicate my just rights or perish in 
the attempt." 

The assembly then requested a delay, in order that they might inform 
those of their fellow barons who were absent, and have an opportunity of 
consulting together. " You were all sufficiently informed," said the King, 
" by the tenor of my summons. I give you, however, a delay till to-morrow." 
Upon the morrow the assembly again requested further delay, and Edward, 
who had not at his hand the forces which he had ordered to assemble some 
weeks later, and who was too wise to drive a large number of high-spirited 
men, disunited by faction, to the union of desperation, unless he had 
possessed the power to control the efforts that might be prompted by their 
despair, granted a postponement of the deliberations for a period of three 
weeks. 

He had previously issued his orders to the barons of the counties of York, 
Lancaster, Westmoreland, Cumberland, and Northumberland, to attend him 
at Norham, on the 3d June, with all their powers ; but it would seem that, 
anticipating an easier submission on the part of the Scottish nobles, he had 
not thought fit to await their arrival before throwing off the mask, and he 
probably now hastened their march. 

The three weeks' delay brought no union or combined action between the 
several factions supporting the different competitors, and on the 2d June the 
1 Hailes' Annals, vol. i. pp. 219, 220, 221. 



104 APPENDIX OF CADET FAMILIES. 

assembly again met at Norham, but were relegated, by order of the King of 
England, to a meadow at Upsetlington, on tire north bank of the Tweed, 
opposite Norham. 

There, on that day, all the competitors for the Crown, with the exception 
of Baliol, acknowledged Edward I. as Lord Paramount of Scotland, and 
Baliol, upon his arrival the next day, followed their example. 

Edward required that the laws and customs which regulated the succes- 
sion to the crown of Scotland, and the pretensions of the different claimants, 
should be fully inquired into, and a report thereupon made to him, upon 
which he might give judgment. To effect this, there were appointed 
auditors, forty in number for Baliol, Comyn, and those other competitors who 
were upon their side ; forty more for Bruce, and the competitors who were of 
his party ; to which were to be added, by the King of England, twenty-four 
additional auditors, or a greater or less number, as he should think proper. 

The Bishop of St. Andrews was one of the auditors appointed on the part 
of Baliol. 

On the 4th June the competitors all agreed that sasine of the kingdom 
of Scotland should be given to Edward I., and the fortresses of the realm 
delivered over to his possession, " because judgment cannot be without 
execution, nor execution without possession of the subject of the award." 1 

Edward, on his part, agreed to make full restitution of all these subjects 
within two months after giving his decision as arbiter ; and, on the 1 0th of 
that month, the guardians surrendered the kingdom and castles into his 
hands, which he immediately restored to their custody, but appointed Sir 
Brian Fitzallan a member of their body. 

In the course of the same summer Edward received the homage and 
fealty of all the principal barons, and after the lapse of more than a year, the 
auditors having reported by letters-testimonial that the competitors had so 
far concluded their proceedings that the King might proceed to judgment, he 
gave his award in favour of John Baliol, upon the 17th of November 1292. 

Baliol received sasine of the kingdom on the 19th of November. He did 
homage for it, and swore fealty to the King of England at Norham on the 
20th of that month, and at Newcastle-on-Tyne on the 26th of December ; 
1 Hailes' Anuals, vol. i. p. 226, etc., quoting Eymer's Fcedera, vol. ii. p. 529. 



WILLIAM FRASER, BISHOP OF ST. ANDREWS. 105 

and upon the 4th of January a mandate was addressed by Edward I. to the 
four guardians, viz., the Bishops of St. Andrews and Glasgow, John de Comyn, 
Lord of Badenoch, and James the Steward of Scotland, together with Sir 
Brian Fitzallan, ordering them to deliver up to King John Baliol all the 
various records and documents of the Crown and kingdom, and also all that 
related to the affairs that had taken place during their regency. Edward I. 
also performed his promise to restore the fortresses within two months after 
his award was made, though with respect to some of them, the weakness of 
Balioi's character caused him to grant certain concessions, or submit to cer- 
tain conditions, to which it is unnecessary to refer here. 

The whole career of Baliol evinces his miserable weakness of character ; 
but it required more than ordinary strength of mind, and a firmness of 
purpose similar to that of his great successor, Bobert Bruce, to escape from 
the toils that had been so skilfully laid around him, and to refuse, as King of 
Scotland, that homage which he had paid as competitor, " because judgment 
cannot be without execution, nor execution without possession of the subject 
of the award," — a doctrine as applicable to the Crown as to the kingdom and 
fortresses. 

It was probably at the time when the competitors agreed to submit their 
claims to the decision of Edward I., that it first occurred to that astute but 
unprincipled monarch how he might still carry out his wise and dearly- 
cherished project of uniting the whole island under one sovereignty, the 
death of the young Queen having put an end to the prospect of effecting this 
by marriage. 

The bold and crafty King may be imagined to have determined, from that 
moment, to obtain by intimidation, by appealing to their self-interest, and by 
every other means in his power, the feudal submission of the competitors, 
doubtless upon the same grounds that he demanded sasine of the kingdom 
and surrender of the fortresses, well knowing that if once this was accom- 
plished the guardians and barons must follow their example, for they would 
have no pretence for refusing an oath that had been taken by their possible 
future sovereign. This was the first act in the drama, and the second carried 
on the well-laid and all but successful plot. 

Giving a perfectly just decision as to the right to the Crown, though not 

VOL. II. o 



106 APPENDIX OF CADET FAMILIES. 

sony to find that it opposed so feeble an antagonist to his machinations, 
restoring the fortresses and muniments of the kingdom, and outwardly acting 
so that none could find fault, yet steadfastly adhering to the feudal submis- 
sion that had been accorded, and taking advantage of Baliol's imbecility to 
convert that formality into a reality, by his homage repeated after he had 
become King of Scotland ; Edward, seizing the occasion of every imprudence 
of the weak monarch with whom he had to deal, parading on every oppor- 
tunity his state of vassalage, which alienated from him many of the best of 
his nobles, irritating him by interference in the most trivial matters within 
his jurisdiction, and heaping insult upon insult, at length drove him into 
open rebellion, and, in 1296, accomplished the object of these clever but 
nefarious manoeuvres, — the seizure of Scotland as a forfeited fief. 

Among these vexatious measures was the encouragement of appeals from 
Baliol's jurisdiction to that of the King of England, as overlord or superior ; and 
with two of these the Bishop of St. Andrews was in some degree connected. 

During his regency he had purchased the Priory of the Isle of May, in 
the Firth of Forth, from the Abbot of Pleading, in England, and had annexed 
it to his bishopric. 

At Baliol's first Parliament, held at Scone in February 1293, William, 
then Abbot of Eeading, and his Monastery, through their procurators and 
attorneys, preferred a complaint that the Priory of the Isle of May, which 
had been granted to the Monastery of Eeading by King David I. of Scotland, 
and had been ever since held by that monastery, had been sold to the Bishop 
of St. Andrews by the folly and stupidity of Eobert, the late abbot, who had 
no right to sell or alienate it, and that this had been done without the 
consent of the King of England, who was patron of the Monastery of Eeading, 
and without that of the King of Scotland, who was patron of the Priory, there 
being no King of Scotland at the time ; and also, that the bishop ought not 
to have made the purchase, because he was then a guardian of the kingdom 
of Scotland, and, as such, ought to have preserved intact the royal estate, 
of which the patronage of the Priory formed a part ; they also stated that 
Eobert, the late Abbot of Eeading, had been deposed, and with his associates 
imprisoned and punished in consequence of his having made the sale. 1 

1 Acts of the Parliaments of Scotland, vol. i. pp. SI, 90. 



WILLIAM FRASER, BISHOP OF ST. ANDREWS. 107 

The matter was referred to a future Parliament, and thereupon the abbot 
and monks of Eeading appealed to Edward I., by whom it is not unlikely 
they had been instigated in making their complaint ; and he, on the 2d of 
September 1293, issued a mandate, citing the King of Scotland to appear 
before him wherever he might be in England, within fifteen days after 
Martinmas, to answer the appeal of the abbot and his monks. 1 

The other case was that of Macduff, son of Malcolm, Earl of Fife, and 
consequently granduncle of Duncan, the then infant Earl. In order to 
explain this case, it will be necessary to refer to the occurrences that led to 
it, according to Lord Hailes. 2 Malcolm, Earl of Fife, died in 1266, leaving 
two sons, Colban, who succeeded him, and another, who is always styled 
"Macduff." Colban, Earl of Fife, died at a very early age in 1270, leaving 
a son, Duncan, who succeeded him in the earldom, and was murdered in 1288. 
He left an infant son, also named Duncan, in consequence of whose minority 
the Bishop of St. Andrews, as representing the Crown, assumed the guardian- 
ship of the earldom. Macduff had taken possession of the lands of Bareys 
and Crey, in Fife, parts of the earldom, which he asserted that his father, 
Malcolm the Earl, had given to him ; but this being extremely doubtful, for 
unless he was illegitimate he must have been very young at his father's 
death, he was dispossessed of those estates by the bishop, as guardian of the 
earldom. 

Upon this, which happened before Baliol's accession to the throne, 
Macduff made a first appeal to the King of England, who, on the 18th of 
June 1292, desired the bishop to hold a Court to try the case, and to do 
justice therein, 3 which — Edward having adopted Macduff's cause — was equi- 
valent to an order for the restoration of the estates, and seems to have been 
obeyed as such by the bishop. 

At Baliol's first Parliament, however, Macduff was summoned to prove 
the title by which he held these lands, and to answer for his trespass against 
the Crown, as guardian of the earldom, in having taken possession of them, 
to which charge he replied by his assertion that they had been given to him 
by his father, and that the gift had been confirmed by Alexander in., in proof 

1 Rotuli Scotiie, vol. i. p. 19. 2 Hailes' Annals, vol. i. p. 247, etc. 

3 Rotuli Scotise, vol. i. p. S. 



108 APPENDIX OF CADET FAMILIES. 

of which he produced the confirmation by that King ; but the Magnates, in 
Parliament assembled, declared that the whole earldom of Fife had fallen 
into the guardianship of Alexander III. at the death of Malcolm the Earl, on 
account of the minority of his son Colban, and that the same King had it 
in ward during the minority of Duncan, Colban's son ; and that Duncan 
having died in 1288 seized of the earldom, it was at the time of their decision 
in the guardianship of King John Baliol, on account of the infancy of Duncan, 
the then Earl. 

They, therefore, again deprived Macduff of the estates, and sentenced him 
to imprisonment for infringing the royal prerogative, but reserved power to 
him to bring an action for their recovery against the young Earl, when he 
should be of age, or against any of his descendants. 1 

In accordance with the harsh measures of that age, these lands were 
immediately seized, and Sir Andrew Eraser, with a party of his followers, 
acting doubtless under the royal authority, plundered the house and estate 
of Eareys of money, jewels, arms, cattle, and other moveables to the value 
of two hundred marks, — no inconsiderable sum in those days. 

Macduff's imprisonment, if he ever underwent it, and did not make his 
escape, could have been of no long duration ; and having already experienced 
the benefit of appealing to Edward I., he resolved upon a renewal of that 
measure, and again applied to him, which produced an order from Edward to 
Baliol to attend him, wherever he might be in England, on the morrow after 
Trinity Sunday, to answer the complaint of Macduff. 2 

Baliol not having obeyed this order, a second was sent to him, command- 
ing him to appear in Edward's presence on the 14th of October; 3 and that 
also being disregarded, a third, dated November 22, 1293, summoned him to 
attend on the morning after Trinity Sunday 1294, and it is in this last 
mandate that the plundering of the house of Bareys by Sir Andrew Fraser is 
mentioned. 4 

The third order to King John Baliol had been preceded by one from 
Edward to the Bishop of St. Andrews, desiring him to deliver over the 

1 Acts of the Parliaments of Scotland, vol. i. p. 89. 

2 Rotuli Scotia?, vol. i. p. IS. 

3 Hailes' Annals. 4 Rotuli Scotire, vol. i. p. 20. 



WILLIAM FEASEE, BISHOP OF ST. ANDREWS. 109 

guardianship of the young Earl's estates and goods to Walter de Cambhou, 
whom Edward had appointed guardian in his place, on the 20th of November. 1 

It is needless to trace the record of the further humiliations to which 
Baliol was subjected, his demeanour when he did at length appear before 
Edward I, and the English Parliament, to answer the various charges brought 
against him, the consequences of Edward's conduct, and its success in bringing 
about the rebellion it was intended to produce, are matters of general history ; 
but after the open rupture between the two Kings, the war in which Edward 
was then engaged with France gave Baliol a short respite, during which time 
the Bishop of St. Andrews and some of the other barons of Scotland endea- 
voured to procure an alliance for their sovereign that might prove a support 
in the conflict, which, it was evident, must sooner or later take place. 

None more advantageous than that of France presented itself, and in 
1295, furnished with letters of credence to King Philip, the Bishops of St. 
Andrews and Dunkeld, Sir John de Soulis, and Sir Ingraham de Umphraville 
proceeded to Paris, and there concluded a treaty, which Lord Hailes calls 
"the groundwork of many more equally honourable and ruinous to Scotland," 
of which, among other details, the marriage of the son and heir of King John 
to the eldest daughter of Charles, Count of Valois, and niece of the King of 
France, formed a principal article, and which, after the return of the Ambassa- 
dors, was ratified by Baliol, with consent of his Council or Parliament, on the 
23d of February 1296. 2 

The Bishop of St. Andrews lived to see his efforts for the support of 
his sovereign, and his hopes of a successful resistance frustrated, by 
the defeat of the Scottish army at Dunbar, the subsequent submission 
of the whole kingdom, and the abdication of King John Baliol; but he 
does not appear to have taken any part in these transactions, except 
at their commencement to desire his vicars, William de Kinghorn and 
Patrick de Campania, to deprive of their benefices all the clergy of English 
extraction within his diocese. 3 His constitution undermined by long illness, 
and his spirit broken by the misfortunes of his country, he sought an asylum 

1 Rotuli Scotife, vol. i. p. 19. 

2 Acta of the Parliaments of Scotland, voL i. p. 95. 

3 Fordun, Gtesta Annalia, xci. 



110 APPENDIX OF CADET FAMILIES. 

in France, where, at Arteville, on the 19th of September 1297, he ended his 
eveDtful life. His body was interred at the church of the Predicant Friars in 
Paris, and his heart, enclosed in a very rich casket, was afterwards brought 
over to Scotland by his immediate successor in the Episcopate, William de 
Lambyrtoun, and entombed in the wall of the Cathedral of St. Andrews. 1 

Lord Hailes, in his Annals, is very severe upon the Bishop of St. Andrews 
for the share he took in the transactions of his day, and does not scruple to 
use such terms as " Fraser, Bishop of St. Andrews, was the creature of 
Edward;" "The treachery of Fraser the Begent;" and referring to the 
Bishop's letter to the King of England, " Edward was too sagacious not to 
discern the full import and utility of this base proposal;" and again, as 
regards the appointment of the English King as arbiter to decide which of 
the competitoi's was entitled to ascend the vacant throne, he remarks, in a 
note, " I make no doubt that many of the nobility, under the influence of the 
Bishop of St. Andrews, and of such politicians as the Bishop of St. Andrews, 
may have solicited the interposition of Edward, . . . but I see no sufficient 
evidence that the measure was national." 2 

These accusations, scattered through that portion of Lord Hailes' history, 
without any particular acts of the Bishop being specified, except his letter to 
Edward, which is vaguely called a base proposal, are all the more difficult to 
answer from that non-mention of specific acts. But it may be shown that 
there is nothing in the career of the distinguished Prelate, even as related by 
Lord Hailes himself, from whose Annals this account is taken in a great 
degree, to warrant such a conclusion in the mind of a dispassionate judge, 
and that the animadversions of Lord Hailes were dictated by the feeling 
that led him, in common with most Scottish historians that preceded or 
have followed him, to consider the title of Bruce to the throne a better 
one than that of Baliol. Such a notion has been exploded, for there can be 
no doubt that the grandson of the elder daughter, which was Baliol's position, 
was nearer heir than the son of the younger daughter, which was that held 
by Bruce, the competitor. This mistaken idea inclined them to regard all who 
supported Baliol's claim as traitors and foes to their country, while the followers 

1 Wyntoun, Lib. VIII. cap. xiv. 

2 Hailes' Annals, vol. i. pp. 213, 217, 221. 



WILLIAM RRA3ER, BISHOP OF ST. ANDREWS. Ill 

of Bruce were eulogised as patriots and martyrs, epithets, in either case, at 
variance with the real state of affairs at the period in question, and the sub- 
ject has been further complicated by the term " national," used by Lord Hailes. 

No nation, in the sense in which that term is used at the present day, 
as the community from whom the governing power is derived, or even 
as it was understood at the time when Lord Hailes wrote, was then in 
existence in Scotland. The towns and burghs were in their infancy, — few in 
number, and powerless, often under the immediate protection of some great 
baron. The Earls and great Barons, holding their lands by feudal tenure in 
chief of the Crown, together with the dignitaries of the Church, formed the 
Council or Parliament, by aid of which the sovereign governed the realm ; 
and though, in documents of that age, there is to be found mention of what 
is styled the " Communitas," it is doubtful of what it consisted, whether of 
the few royal burghs that had then been founded, or of the lesser barons. 
Whatever it may have been, though kings and great personages often asserted 
its acquiescence in their acts, its real power was absolutely nil, and its 
representation in the Council or Parliament never requisite. Many of the 
great Lords held lands in England, as vassals of the English King, in addition 
to those that they possessed under the Crown of Scotland. A very great 
proportion of the principal families had but recently settled in Scotland, and 
few could date their establishment in that country further back than the era 
immediately succeeding the conquest of England by the Normans. 

In such a state of society the acts of the barons, spiritual and temporal, 
assembled in Council or Parliament, must be considered as national measures 
or acts of the nation, if indeed such terms are, in any degree, applicable, — at 
all events there was, at the time, no other legal assembly that could be 
called " National " in any sense. 

It may also be observed that the competitors for the Crown, and not the 
Council or Parliament of barons, were those who agreed to submit their rival 
claims to the decision of Edward ; that among these competitors was Robert 
Bruce the elder, who was not one of those who, as Lord Hailes says, were 
under the influence of the Bishop of St. Andrews ; and that it was Bruce, not 
Baliol, that first appealed to Edward as his overlord. 1 

1 Palgrave, Introduction, p. xlviii. 



112 APPENDIX OF CADET FAMILIES. 

Upon the death of King Alexander in., and the accession of his grand- 
daughter, Margaret, it doubtless occurred to some politicians in both kingdoms, 
and to the Bishop among them, that there was a good opportunity for uniting 
the sovereignty of the whole island under one head by the peaceful method 
of marriage ; but so far from this idea sustaining the charge of traitorous 
conduct, it was a wise and beneficent suggestion, calculated to produce the 
greatest benefit to both countries, and had such an union then peacefully 
taken place, the advantages of civilisation would have been far earlier 
experienced in the more northern state, and perhaps in both. 

The scheme was, however, unhappily frustrated by the premature death 
of the young Queen, and then came the letter from the Bishop of St. Andrews 
.to Edward I., which Lord Hailes characterises as a base proposal. In what 
respect was it base? In the endeavour to prevent civil war, and the 
destruction of human life ? or in advocating the claim of Baliol to the 
throne, which the Bishop knew to be a rightful one ? 

Lord Hailes most certainly exaggerates the terms of the Bishop's letter ; 
and with regard to the oath to which it refers, he asks in a note, What oath ? 
a somewhat disingenuous question, for the immediate context in the letter 
shows that it was the oath that had been taken by the faithful of the land, i.e. 
by the barons, spiritual and temporal, in whom alone power was vested, to ob- 
serve the treaty of Briggham, of which one of the clauses enacted that, if Queen 
Margaret should die without issue, the kingdom should revert to the next heir. 

There were ample grounds to justify the Bishop's apprehensions of a 
desperate strife breaking out between the rival competitors ; but he informed 
Edward of the state of Scotland, the proceedings of some of the great nobles, 
and his fear of the consequences, in a calm and temperate manner, and not 
in the exaggerated language of panic represented by Lord Hailes. And to 
whom, save the King of England, could he have applied, powerful enough 
to overawe all opposition, and to support him in the preservation of the peace 
of the kingdom, which he, as a guardian, was bound to see to ? It is possible, 
nay probable, that his request may have played into the hands of the astute 
monarch to whom it was addressed, but there can be no doubt that the 
Bishop averted a terrible domestic conflict by it, and that this was his prin- 
cipal object in making it. 



WILLIAM FRASER, BISHOP OF ST. ANDREWS. 113 

In the letter the Bishop certainly recommends Baliol to Edward's favour, 
but as he knew him to be the true heir to the throne, he was guilty of 
neither treachery nor misconduct in that recommendation. 

The only passages in the letter that could give the faintest colour to a 
suspicion of unfair conduct on the part of the Bishop, are those sentences in 
which he counsels Edward so to treat with Baliol " that in every event your 
honour and interest may be preserved ;" and again, when he says " to prefer 
him as King who of right ought to inherit, provided he will follow your 
counsel." Much must be allowed for the forms of courtesy due in that age 
from one in the Bishop's position writing to ask the assistance of so great a 
prince ; but it is pretty certain that he recognised no right in the King of 
England to decide who was to ascend the throne (it was before the com- 
petitors themselves had agreed to make him arbiter), nor any superiority in 
him over the Crown of Scotland ; for in the same sentence, he referred to the 
oath taken by the faithful of the kingdom at the treaty of Briggham, and 
expressly said that they were to prefer him as king who ought of right to 
inherit, which must also have implied a reference to the solemn declara- 
tion made by Edward through his ambassadors at that treaty, that if the 
Prince of England and Queen Margaret, or either of them, should die 
without issue, Edward or his heirs would, if the kingdom of Scotland 
had by any means come into his or their hands, restore it " integre, libere, 
absolute, et absque ulla subjectione," to the nearest heir, to whom it ought 
of right to return} 

At the meeting of the 10th of May 1291, after the competitors had all 
appointed the King of England arbiter, the Bishop, in common with all the 
other prelates and barons present, was doubtless taken by surprise at the 
formal demand for the recognition of him as feudal superior, and after 
the 3d and 4th of June, when the whole of the competitors had yielded 
to that demand, it has been already pointed out that no course remained 
for the guardians and other nobles but to follow their example, and 
swear fealty to Edward ; but, in the account of these proceedings, there 
is not the slightest ground of suspicion to justify Lord Hailes' assertion, 
that " the treachery of Fraser the Begent " was one of the causes, which he 

1 Historical Documents of Scotland, vol. i. p. 166. 
VOL. II. P 



114 APPENDIX OP CADET FAMILIES. 

enumerates, " that all fought for Edward, and combined to overthrow the 
national independency." 

The absence of all evidence against him is most striking, not a hint of 
private meetings or negotiations between the Bishop and Edward, or any of 
his officials, has ever been recorded. Tytler, indeed, follows Lord Hailes in 
saying, " He (Edward) had already secured the services of Eraser the Eegent," 1 
and in explanation adds in a note, " August 13th, 1291, Edward I. made a 
pilgrimage from Berwick to St. Andrews, probably to consult with the 
Bishop ;" but in drawing this deduction he forgot that the events, for his 
share in which he terms the Bishop a traitor, had occurred in and before 
May and June, and therefore this consultation, if it ever took place, could 
not have had any bearing on them. 

Not only is the absence of evidence very striking, but it is apparent 
that the Bishop had obtained so little interest or favour with Edward 
as to be unable in the following year, 1292, to prevent that monarch 
espousing the cause of Macduff, and ordering his case to be re-heard, 
equivalent to a mandate for his restoration to the estates, of which the 
Bishop had deprived him. 

The Bishop's personal conduct and character appear to have been blame- 
less and consistent with his position as a dignitary of the Church, for no 
allegations of licentiousness, oppression, or tyranny are recorded against 
him. However solicitous for the welfare of his Episcopate, he is not 
found to have sought his own personal advantage in any transaction ; and 
upon the overthrow of Baliol, and the subjugation of Scotland in 1296, 
instead of remaining in his diocese, as he might safely have done had he 
been the traitor Lord Hailes terms him, he retired to a foreign land, where, 
worn out and broken-hearted, he shortly afterwards died. 

The honour paid to his remains by his successor, Bishop Lambyrtoun, one 
of the most strenuous asserters of Scottish independence, affords proof of the 
estimation in which his memory was held by those who had the best 
opportunity of judging his conduct ; and in concluding this vindication of 
the eminent prelate from the vague and unfounded aspersions that have 
been cast upon him, it only remains to say, that it reflects but slight discredit 

1 Ty tier's History of Scotland, vol. i. p. 71. 



WILLIAM FEASEE, BISHOP OF ST. ANDEEWS. 



115 



upon him and his fellow-guardians to have been overmatched by the superior 
genius and astuteness of one of the greatest kings that ever sat upon the 



throne of England. 





Episcopal Seal. 



Seal as Metropolitan. 

William Fraser, Bishop of St. Andrews, 1279 to 1297. 



116 



THE FRASERS OF DRUMELZIER, 

IN THE COUNTY OF PEEBLES. 

F AWRENCE EBASER was the only son of Adam Fraser, whose name 
is upon record. He confirmed the charters of the lands of Hales 
that had been granted to the Monks of Newbottle by Oliver, the son of 
Kylvert, and by Adam Fraser, and he mentions his mother, " Constantia," 
which was the name of Adam Fraser's wife. 1 

He also confirmed the charters of Milnehalech, and the other lands in 
North Hales, granted to the same monks by Sir Bernard Fraser, who had 
evicted them from Maria de Hales ; 2 and he, therefore, by some means, had 
succeeded Sir Bernard in possession of these estates. 

However, he soon afterwards parted with the whole of Hales, for during 
the latter half of the century, between 1260 and 1280, Wallevus de 
Stratheach and Hugo de Gourlay confirmed the grants of Oliver, son of 
Kylvert, Adam Fraser, and Sir Bernard Fraser, respecting those lands, 
which they perhaps purchased from Lawrence Fraser. 3 In the reign of King 
David II. South Hales and North Hales were granted to Adam Hepburn, 
on the forfeiture of Hugh Gourlay of Beinstoun. 4 

Dominus Laurentius Fraser, Miles, appears as a witness to a charter by 
William de Corny n of Kilbride, 5 who died before 1289 ; 6 and in a charter 
granted to the Monastery of Melrose by Sir Simon Fraser, Filius, Sir Laurence 
Fraser, " quondam Dominus de Drumelliare," is mentioned as having been 
the possessor of some lands dealt with in the document. 7 This shows that 

«*■ 

1 Cart. Newbottle, No. 78. a Reg. Hon. de Morton, vol. ii. No. *•' 

- Ibid. No. 95. c Historical Documents of Scotland, vol. i. 

^ Ibid. Nos. 96, 97. p. 09. 

4 Robertson's Index, p. 42, No. 21. T Cart. Melrose, No. 355. 



THE F.RAKEK8 OF DRUMELZIER. 1 1 7 

Sir Laurence had held the estate of Drumelzier, in Tweeddale; and, also, that 
he was dead at the time the charter was granted, which must have been 
between 1292 and 1306, though, from its being undated, the exact year 
cannot be fixed. 

Mr. Anderson, on the authority of Cardonell's Antiquities, vol. ii., states 
that Sir Lawrence Fraser possessed the estate of Makarston, in Boxburgh- 
shire, which, with that of Drumelzier, passed to his son, also a Lawrence 
Fraser, and were carried by his two daughters, co-heiresses, into the families 
of Macdougal and Tweedie, respectively. 1 This account is, however, 
altogether erroneous ; some notice of the Frasers of Makarston will be 
found in this Appendix, and the acquisition of Drumelzier by the Tweedies 
will be immediately mentioned. 

The descent of the Frasers of Drumelzier from Sir Lawrence cannot be 
traced with absolute certainty; but, in 1326, Sir William Fraser, Lord of 
Drumelzier, resigned that estate into the hands of King Eobert I., for the 
infeftment in it of Boger, the son of Finlay ; 2 and he was very probably the 
same person as a William Fraser, who made submission and swore fealty to 
Edward I. on the 7th of July 1296, at Fernell, being described as the son of 
the late " Mons. Alexander Fraser." 3 His seal, which is attached to the 
submission, bears a label of three points, each charged with two rosettes or 
cinquefoils, but not on a shield ; and this, though rather a fantastic piece of 
heraldry, raises the presumption that he was an eldest son ; and it may have 
been he who again swore fealty at Berwick on the 28th of August 1296, as 
William Fraser, del counte de Peebles. 4 

His father, Sir Alexander Fraser, is also referred to as dead in 1295, by 
another son, Bernard Fraser, who in that year granted a bond for four marks 
to John de Lambertoun, as the fine for his reinfeftment in the lands of 
Slethmanan ; D and Dominus Alexander Fraser, Miles, is found, before 
1268, a witness to a charter by William de Cunigburg of a carucate of 
land at Langholm, in Stapilgorton, to Herbert, son of Sir Emery de 
Maxwell. 6 

1 History of the Family of Fraser, p. 6. 4 Ragman Rolls, p. 125. 

2 Origines Parochiales, vol. i. p. 204. 5 Cart. Glasgow, No. 251. 

3 Original Document iu Pveeord Office, London. 6 Reg. Hon. de Morton, vol. ii. No. 7. 



1 1 S APPENDIX OP CADET FAMILIES. 

The above seems to point to a connection between Sir Laurence Fraser, 
Lord of Drumelzier, in the last half of the thirteenth century, and Sir William 
Fraser, who resigned that estate into the royal hands in 1326, through Sir 
Alexander Fraser, who may have been a younger brother of Sir Laurence. 

A Laurence Fresel, del counte de Peebles, swore fealty to Edward i. at 
Berwick, in 1296. 1 If the old Sir Lawrence were living as late as that date, it 
may have been he, or it may have been a son of his of the same name, who, 
dying without issue, was succeeded by his cousin, William Fraser, the son of 
Sir Alexander, but there is no evidence remaining as to this. 

It is, however, upon record that the estate of Drumelzier did not pass to 
the Tweedies with a daughter of a Laurence Fraser, for, as above mentioned, it 
was resigned by Sir William Fraser, in 1326, in favour of Eoger, the son of 
Finlay. Finlay of Twydyn swore fealty to Edward I. in 1296, for lands in 
Lanarkshire, and Koger may have been his son; 2 and as David II. granted 
a charter of Drumelzier to James Tweedie, 3 he, in all likelihood, was the son 
of Eoger, and of the daughter and heiress of Sir William Fraser, through 
whom that estate was inherited by him. The Tweedies were near neighbours 
to Drumelzier : William of Tweedy held lands in the barony of Skirling, or 
Scraveline, during the reign of Eobert I. 4 

No information is to be found as to any posterity of the other son of 
Sir Alexander Fraser, Bernard Fraser, who swore fealty to Edward I. 
at Berwick, in August 1296, 5 and is found with the rank of knight as a 
witness to a charter granted by William Lord of Douglas ; 6 and the male 
line of the Drumelzier branch appears to have become extinct, unless a 
Bernard Frisel, who served in the Scottish ranks at Halidon, and escaped, 
were a son of his, 7 and as some genealogists have supposed the Frasers of 
Fruid, at the head of Tweeddale, to have been cadets of the Drumelzier 
branch, it is probable enough that they were so, and he may have been their 
immediate ancestor, but there is no evidence of it extant. William Frasere, 
dominus de Frude, witnessed a deed by John de Grahame de Gillesby, in 



1 Ragman Rolls, p. 152. 5 Ragman Rolls, p. 134. 

2 Ibid. p. 139. e R Hon de Morton) vol ii _ No . 13 . 

3 Robertson's Index, p. 59, No. 19. 

4 Origines Paroehiales, vol. i. p. 183. 7 Hailes' Annals, vol. iii. p. 92. 



THE FRASERS OF DRUMELZIER. 



119 



1471, 1 and the family continued to hold that estate until about the year 1500, 
when it also passed into the possession of Tweedie of Drumelzier, by the 
marriage of its heiress. Tradition asserts that the Frasers of Phopachy, in 
Inverness-shire, are descended from an uncle of that heiress, and that, upon 
the Fruid estate passing to another name, they migrated northward, and 
settled under the protection of their kinsman, the Lord Lovat. 

1 Reg. Hon. de Morton, vol. ii. No. 224. 




William Fraser, 1296. 



120 



THE FRASERS OF MAKARSTOUN, 

IN THE COUNTY OF ROXBURGH. 



1VTE. ANDERSON, referring to CardonelTs Antiquities, vol. ii., states that a 
daughter of a Laurence Eraser of Drunielzier, who lived during the 
Succession War, carried Makarstoun into the Macdougal family. 1 The 
following account will show this statement to be erroneous. 

In the middle of the twelfth century the estate of Makarstoun, in 
Roxburghshire, was the property of a family of the name of Corbet ; and 
before 1220 it passed into the possession of William, second son of Patrick, 
Earl of Dunbar, by his marriage with the heiress, Christiana Corbet. 2 

Christiana Corbet died in 1241, and her husband, Williaiu, in 1253. 3 They 
left two sons, Patrick, who got the estate of Foghou, and Nicolas, who 
succeeded to that of Makarstoun, both of whom assumed their mother's 
surname of Corbet. 4 

In 1296 a Gilbert Fraser and Margaret, his wife, are found holding lands 
in the sheriffdom of Roxburgh ; 5 and in 1306 Ivo de Aldborough demanded 
from Edward I. the lands of Margaret, formerly wife of Gilbert Fraser, 
together with her maritagium, or the right of bestowing her hand in marriage.'' 
In the reign of Robert I., Margaret Corbet, widow of Dominus Gilbert Fraser, 
made a " querela," or complaint, to the King of the slaughter of her husband; 7 
but, after this, she married again, for in 1334 an order was issued by 
Edward in. of England for the restoration of their lands in Annandale and 
the sheriffdom of Roxburgh to Patrick de Shartres — Charters — and Mar- 

1 History of the Family of Fraser, p. 6. 5 Rotuli Scotia?, vol. i. p. 35. 

3 Caledonia, vol. ii. p. 195. , p a] 310 

3 Chron. Melrose, pp. 150, 179. ° 

4 Caledonia, vol. ii. p. 367. r Robertson's Index, p. 27, No. 2. 



THE FRASEES OF MAKARSTOUN. 121 

garet Corbet, Lady of Makarstoun, according to the agreement between 
Edward de Bohun, David, Earl of Athole, and the said Patrick, concerning 
the surrender of the Castle of Lochmaben. 1 

In the reign of David II. Margaret Corbet, Lady M'Crastoun (Makarstoun), 
is also mentioned in Robertson's Index. 2 

These records evince that Makarstoun remained in the Corbet name until 
about the middle of the fourteenth century ; and that Gilbert Fraser's 
interest in it arose from his having married the heiress, Margaret Corbet, 
who was probably the grandchild or great-grandchild of Nicolas Corbet. 

Margaret Eraser is mentioned as Lady of Makarstoun in 1369, 3 and about 
the year 1374 Margaret Fraser resigned the lands of Makarstoun, Yetholm, 
and Cristoun to her son, Fergus Macdougal, or Macdowall; 4 and it is therefore 
evident that she must have been the daughter, or grand-daughter, of Margaret 
Corbet, Lady of Makarstoun, and her first husband, Gilbert Fraser. If she 
were her daughter, she could not have been born later than 1307, for Gilbert 
Fraser was dead in 1306; and, in that case, she must have been an aged 
woman when she resigned Makarstoun and her other lands to her son 
Fergus. 

No record has been found of the parentage of this Gilbert Fraser. He was 
probably a younger son, but of which branch it is impossible to form an idea. 
The above facts, however, disprove the statement copied by Mr. Anderson 
from Cardonell's Antiquities ; and also refute the suggestion of Crawfurd, 
that Sir Richard Fraser might have been a member of the Makarstoun 
family. 5 



SIR NESIUS FRASER. 

Dominus Nes Freser was a member of an assize held in 1259, to revise 
the verdict of a former assize held in the Court of Sir Gilbert Fraser, 
Sheriff of Peebles, respecting the lands of Hopkelchok. 6 In company 

1 Rotuli Scotia;, vol. i. p. 274. 4 Robertson's Index, p. 115, Nos. 32, 33. 

2 Robertson's Index, p. 60, No. 11. 5 Remarks on Ragman Piolls, p. 12. 

3 Acts of the Parliaments of Scotland, G Acts of the Parliaments of Scotland, 
vol. i. p. 175, Appendix ad acta David II. vol. i. p. 88, documents subjoined to Preface. 

VOL II. Q 



122 APPENDIX OF CADET FAMILIES. 

with the same Sir Gilbert Fraser, and as Sir Nesius Fraser, he wit- 
nessed a confirmation by Eoger de Mubray, of the Church of Dunmanin, 
in favour of St. Mary's Church of Jedburgh; 1 but his name is only found 
on these two occasions, and there is no record of his parentage, estates, or 
posterity. His name might appear, at first sight, to afford an argument in 
favour of the persons of the name of Nesius having been Frasers, but, in 
reality, it militates against any supposition of that kind, for it shows that 
Nesius was a personal name, and, therefore, Nesius de Londres could not 
have been a Fraser, though Nesius Fraser probably received his Christian 
name in consequence of the close alliance between the families. 



JOHN FRASEE, Archdeacon of St. Andrews. 

In 1296, John Fresel, del counte de Fyf, swore fealty to Edward I. at 
Berwick, 2 and John Fresel, Archidiaconus of St. Andrews, had his lands 
restored to him in the same year. 3 

In addition to those already mentioned, there appear in Ragman Rolls 
the names of William Frysel, del counte de Edinburgh, Robert Freser, del 
counte de Dumfries, Ada Fraser, Prioresse de Eccles, and Sare la fielle 
Thomas Frysel, as making submission to Edward I., but no other trace of 
them is to be found. 4 

Enumerating the names of the family on that Roll, the author of Cale- 
donia says, " this specification evinces that the sword and the axe had spared 
to Scotland a numerous race of Frasers;" 5 but he forgot that in 1296 the 
sword had been but lightly at work, the axe scarcely at all, and that the 
desperate struggle which endured for a quarter of a century and more, with- 
out any interval of peace worthy of the name, and was so fatal to the 
nobility of Scotland, had barely commenced. 6 

1 Original in Register House, Edinburgh. remarks, in a note referring to those who es- 

2 Ragman Rolls, p. 145. caped from the battle of Halidon, " Knyghton 

3 Rotuli Scotia?, vol. i. p. 25. says William de Fresleye, if this does not mean 

4 Ragman Rolls, pp. 134, 149, 150, 152. Frisel or Fraser, I know not what to make 
6 Caledonia, vol. i., note to p. 555. of it." Lord Hailes was evidently unaware 
6 Lord Hailes, in his Annals, vol. iii. p. 92, of the existence of a family of de Freslay 



UNCONNECTED INDIVIDUALS OF THE NAME OF FRASER. 123 

A family of Eraser of Overton was extant for some generations. In the 
accounts for the year 1494-5, George, Abbot of Paisley, Treasurer to King 
James IV., charges himself with the sum of £50 as the " composicione maid 
with Andro Douglas, for the ward and marriage of Robert Fresell of 
Ouertoune, wythin the schirefdome of Roxburgh." 1 Nothing of their origin 
has been discovered, but they were probably cadets of the Drumelzier or 
Makarston branches, or perhaps descended from Sir Nesius Fraser. 

In Robertson's Index there is a note of a confirmation by King David II., 
in the thirty-fifth year of his reign, of a charter granted by Patrick de 
Dunbar, Earl of March and Moray, to Alexander de Ryklyntoun, of half the 
land of Estspot, with tenandries in the vill of Quytsom, which Sir Patrick de 
Eamsay, "dominus de Dalusy," resigned in the court of the Earl "apud 
Quytingeham " [Whittinghame], and which had belonged to the late " Seiree 
Freser." 2 

The Earl's charter was not granted earlier than 1346, for he did not 
assume the title of Moray until after the death of his brother-in-law, John 
Randolph, Earl of Moray, at the battle of Durham, in October of that year. 
It is, however, impossible to say who the " Seiree Freser," former possessor 
of the half of Estspot, may have been. 

" Seiree " may be a misprint, or a mistranscription, for Simone, and in 
that case it may have been an outlying possession in Berwickshire, which 
Sir Simon Fraser, Filius, held of the Earls of Dunbar and March, and which, 
by some means, had passed into the hands of Eamsay of Dalhousie. 

that held the lands of Arringrosk and Fourgy, William de Freslay was dominus de Fourgy 

of which the members are always distin- 1323. Cart. Cambuskenneth, pp. ti-23. 

guished by the prefix " de," showing that the T Accounts of the Lord High Treasurer of 

name was originally a territorial appellation, Scotland, vol. i. p. 211. 

and not a surname proper like that of Fraser. 2 Robertson's Index, p. 76, No. 91. 



124 



BROTHERS OF SIR ALEXANDER FRASER, 
THE CHAMBERLAIN. 



SIR ANDREW FRASER, 

YOUNGER SON OF SlR ANDREW FRASER, SHERIFF OF STIRLING, 1293. 

1333. 

It is difficult to determine which of the younger sons of Sir Andrew 
Fraser should rank next to their eldest brother, Sir Alexander Fraser, the 
Chamberlain. 

The position of their names in Fordun's Gesta Annalia, 1 written by him- 
self, in the continuation and amplification of that history by Walter Bowyer, 2 
and in Wyntoun's Chronicle, 3 — Andrew, Simon, James, — would lead to the 
inference that this was the order of their respective seniority, while little can 
be gathered on the subject from Barbour's poem of The Bruce, for Simon is the 
only one of the three mentioned by him ; it is, however, a matter of no import- 
ance whether Andrew or Simon were the senior, for Andrew left no male issue. 

No authentic record of this Sir Andrew Fraser remains, except that of 
Ins death, as a distinguished leader, at the battle of Halidon Hill in 1333, 4 
in which he, Sir Simon, and Sir James Fraser, who also fell there, are called 
brothers ; and this evinces him to have been a son of Sir Andrew Fraser the 
Sheriff, for there is full proof of that Sir Simon Fraser having been the 
Chamberlain's brother. 

There is no positive evidence as to his possessions or his posterity, but in 
a pedigree of the family of Hay, which the writer of this account has seen, 
the estate of Tillibody, in Clackmannan, is said to have been acquired by a 
branch of the Hays through a marriage with the heiress of a Sir Andrew 
Fraser of Touch and Tillibody, who may have been this Sir Andrew ; and 
although the Touch referred to in that pedigree cannot have been Touch-fraser, 
which was inherited by the Chamberlain's grand-daughter, and remained in her 

1 Fordun, Gesta Annalia, cxlix. 3 Wyntoun, Lib. viii. cap. xxvii. 

2 Scotichronicon, Lib. xiii. cap. xxviii. 4 Ibid. 



SIR SIMON FRASER, BROTHER OF THE CHAMBERLAIN. 125 

possession until 1407, yet many lands in Scotland bear that prefix, and it is 
sometimes found as the name of an estate without any additional appellation. 
It is, therefore, also possible that this individual may be the Andrew 
Fraser of Touch mentioned by some genealogists, perhaps first by Crawfurd, 1 
who also terms him Sheriff of Stirling ; but this last statement is erroneous, 
for it has been seen in the account of the family of Touch-Fraser that the 
Sheriffship of that district was held by his father, of the same name, from 
whom it descended, through Sir Alexander Fraser, the Chamberlain, to 
Margaret Fraser, the grand-daughter of the latter ; and it has also been seen 
that Sir Andrew, the Sheriff, never succeeded to Touch -fraser, having died 
before Sir Eichard Fraser, who was proprietor of that estate, and who was 
succeeded in it by Sir Alexander Fraser, the Chamberlain. 



SIR SIMON FBASEE, MAEGAEET, 

YOUNGER SON OF SIR ANDREW FRASER, DAUGHTER OF AN EARL OF CAITHNESS. 

SHERIFF OF STIRLING, 1293. 

1307-1333. 

Theee can be no doubt that this Sir Simon Fraser was a brother of the 
Sir Alexander Fraser who was Chamberlain of Scotland during a portion of 
the reign of Eobert I., and, consequently, that he was a son of Sir Andrew 
Fraser the Sheriff; but before relating such events in his career as are to be 
discovered, it will be as well to notice more at length than has yet been 
done, an assertion made by one author, Mr. Anderson, that he was the eldest 
son, and that Sir Alexander the Chamberlain was one of the younger sons of 
that Sir Andrew. 2 

Mr. Anderson bases his assertion almost entirely upon the fact of Sir Andrew 
Fraser having married a lady who had dower lands in the district of Caithness, 
and upon the inference that some litigation between Sir Simon Fraser and 
the Sheriff of Inverness arose from his having succeeded to the great estate 
which, Mr. Anderson says, Sir Andrew thereby acquired. Mr. Anderson notices 
that Barbour, in his poem " The Bruce," styles Sir Simon Fraser brother to 
Sir Alexander Fraser, but does not print the passages, which run thus— 

1 Crawfurd's Remarks on Ragman Rolls, p. 13. 

2 History of the Family of Fraser, pp. 35-43. 



126 APPENDIX OF CADET FAMILIES. 

" Into Schir Alexander the Fraser 
He trastit, for tha frendis war, 
And in his brothir Symon, tha twa." 

" Quhar Alexander Fraser him met, 
And als his brothir, Symon hat." 1 (Hecht, named.) 

And he also gives an extract from a charter by Eobert Janitor (Porter) of 
Kincardine, and dominus de Portarestoun, to which the two brothers were 
witnesses, as follows : — 

" Et ad pleniorem evidenciam hujus facti sigilla Domini Alexandri Fraser, 
tunc vice-comitis de Mernys, Simonis Fraser fratris sui, Johannis Crag, et 
Johannis Benvoin, ad instanciam meam presenti carte gratia testimonium 
perhibendi apponi procuravi." 2 

The charter is without date ; but from Sir Alexander Fraser being styled 
knight in the body of the deed, it is certainly later than 1312, when, as seen 
in the account of his career, he had not attained to that dignity. 

Mr. Anderson mentions that Sir Andrew Fraser was Sheriff of Stirling in 
1293, that he received the manor of Ugtrethrestrother (which may be called 
by its modern name, Struthers), in Fife, from Edward I. in 1297, and states 
that he was Dominus de Touch, in the county of Stirling, which can only mean 
the estate of Touch-fraser, and says, " This property was in all probability 
first conferred on him when he attained to the dignity of Sheriff of the county 
of Stirling, and afterwards possessed, apparently as his appanage, by Sir 
Alexander Fraser, his younger son." Mr. Anderson was certainly mistaken 
in supposing that this estate was so conferred upon Sir Andrew Fraser, and 
appears to have been ignorant of Sir Eicbard Fraser's tenure of it down to 
1307, and probably later; and it has already been seen in the account of 
that family to be the fact that Sir Andrew never actually possessed Touch- 
fraser, although heir to it, for it is evident that he died before Sir Pdchard. 
The lands and emoluments which he held may therefore be enumerated 
as Dripp, or Drippis, in Stirlingshire ; Struthers, in Fife ; the Sheriffship of 
Stirling, and the property in the district of Caithness, to which he had right 
through his wife, stated to be lands to the annual value of one hundred merks. 

1 The Bruce, pp. 187, 192. 

2 History of the Family of Fraser, note to p. 39. Arbuthnot Charter-room. 



SIR SIMON FRASER, BROTHER OF THE CHAMBERLAIN. 127 

Of these, the three first, together with Sir Richard's estate of Touch-fraser, 
were certainly inherited by his son, Sir Alexander Fraser. They descended to 
Sir Alexander's grand- daughter and heiress, Margaret Fraser, and belonged to 
her in 1392 and 1407, as already shown in the account of the family of 
Touch-fraser and Cowie. 

The whole of Sir Andrew Fraser's hereditary estates and emoluments, so 
far as they can be ascertained, therefore passed to his son, Sir Alexander 
Fraser ; and it remains to be seen what foundation there is for Mr. Anderson's 
assertion, that Sir Simon Fraser inherited a large estate in the district of 
Caithness from his mother. 

It is true that Sir Simon Fraser, towards the end of the reign of Robert I., 
made a querela, a complaint or petition, to the King, " super Vice-comitem 
de Inverness," and another in 1330, "super Comitatum de Caithnes ;" but 
both these querela? were made in conjunction with Margaret his wife, whois 
described as "unius heredis Comitis de Caithnes," 1 and this appears to be 
evidence that it was her claim or right that occasioned these petitions, and 
there is nothing to show that Sir Simon had any interest in that part of the 
country beyond that which he may have acquired with his wife. 

It has already been seen, in the account of the family of Touch-fraser 
and Cowie, that in 1312 Alexander Fraser had claims, which there is good 
reason for believing to have been hereditary, upon the estates of Lady Mary 
de Moravia, or Moray (widow of Sir Reginald le Chen, junior), an heiress in 
Caithness, which he must have inherited from either his father or his mother, 
and could not, like Sir Simon, have acquired in right of his wife ; and this, 
coupled with the fact of all his father's other hereditary possessions, so far as 
known, having descended to him, affords strong evidence of his primogeniture. 

When to the above is added that upon the only three occasions in which 
the two names are found together, one of these being a legal document, Sir 
Alexander's name is placed first, and Sir Simon is designated as his brother, 
it appears evident that Mr. Anderson had no warrant for his assertion (his 
alone supported by no authority), that Sir Simon Fraser was Sir Andrew 
Fraser's eldest son, and Sir Alexander Fraser one of his younger sons, and 
that the reverse was, in reality, the case. 

1 Robertson's Index, pp. 28, 29, Nos. 14-24. 



128 APPENDIX OF CADET FAMILIES. 

To return to the account of Sir Simon Fraser. He is first mentioned as 
joining King Eobert Bruce in 1307, in company with his elder brother. 

He obtained the reputation of a bold and skilful leader, and in the 
Chronicles of Froissart a passage occurs that seems to credit him with 
having taken a prominent part, in the great battle of Bannockburn : — " For 
sythe the battayle that was before Stryvelin in Scotland, whereas Sir Bobert 
Bruce, Sir William Douglas, Sir Bobert Versey, Sir Simon Freseyle, and 
other Scots chased the Englishmen three days." l Froissart, however, is not 
very accurate in his Scottish Christian names, and as he has put Sir 
"William" for the famous "James" of Douglas, so he may have made a 
mistake in that of the Fraser to whom he refers, though Simon doubtless 
did his devoir as a gallant warrior upon that occasion. 

In Bobertson's Index of missing charters, there is the title of one from 
Bobert I. to Simon Fraser, granting him the lands of Brotherton, in Kincar- 
dineshire, and the lands in Inverbervie that had pertained to Edmond 
Hastings, 2 but as Brotherton is found, in 1445, among the possessions of the 
Marischal, 3 to whom some of the Chamberlain's estates had descended 
through his grand-daughter, Margaret Fraser, it may be inferred that it had been 
sold or exchanged for other property by a descendant of Sir Simon Fraser. 

In 1317, the name of Simon Fraser appears as one of the honorary bur- 
gesses of the burgh of Aberdeen,* and in 1332 he was Vicecomes or Sheriff 
of Kincardine, or the Mearns, 5 in which office he seems to have succeeded Sir 
Alexander Fraser, who held it when the charter noticed above, and witnessed 
by the two brothers, was granted by Bobert Janitor of Kincardine. 

Sir Simon Fraser married Margaret, co-heiress of an Earl of Caithness, 6 
who, in all probability, was the Earl of the name of Magnus, also Earl of 

1 Lord Berners' edition, cap. cxlvii. de Grahame, the last of the name mentioned in 

2 Robertson's Index, p. 1, No. 16. connection with that estate, was born about 

3 Miscellany of Spalding Club, vol. v. p. 283. 1277, and was living in 1334; and it would 

4 Ibid. p. 10. strain hypothesis very much to imagine, with- 

5 Chamberlain Rolls, vol. i. p. 252. out the slightest evidence, that a grand- 
c Sir Simon Fraser's wife is said by one daughter of his could be the wife of Sir 

author to have been the daughter of John, Simon Fraser about 1329. If Patrick de 

Earl of Orkney and Caithness, by the daughter Graham died without issue, a sister of his 

and heiress of Graham of Lovat. — Skene's might become his heir, but of these points no 

Highlanders, vol. ii. p. 312. But Sir Patrick evidence has been discovered. 



SIR SIMON FRASER, BROTHER OF THE CHAMBERLAIN. 129 

Orkney, that died during the latter part of the reign of Eobert I., and, according 
to the conclusion arrived at in Douglas' Peerage, which appears the most 
probable of any, left issue two daughters, the Margaret above mentioned, and 
Isabella, married to Malise, Earl of Strathearn. 1 

The " Querela super Comitatum de Caithnes " is evidence that there was 
a dispute between these ladies and their respective husbands as to the 
succession to the earldom, and, at first sight, the fact that Malise, Earl of 
Strathearn, eventually obtained it, in the reign of David II., might lead to 
the inference that Sir Simon Fraser left no issue ; but such a deduction would 
hardly be warranted, for the Countess of Strathearn may have been the elder 
sister, and whether that were so or not, the death of all the four sons of Sir 
Andrew Fraser within a year (Sir Alexander, killed at Dupplin, 11th August 
1332, Sir Simon, Sir Andrew, and Sir James, killed at Halidon, 19th July 1333), 
leaving issue only children under age, is quite sufficient to account for a powerful 
noble like the Earl of Strathearn having been able to make good his claim. 

"Whether Sir Simon Fraser was present at the battle of Dupplin cannot 
be traced, but he was one of the commanders at the recapture of the town of 
Perth by the adherents of David n. in the same year, 1332 ; 2 and afterwards, 
on the 25 th of November, in concert with Archibald, brother of the good Sir 
James de Douglas, he surprised and routed the usurper Edward de Baliol in 
Annandale, whose brother, Henry de Baliol, was killed, and who himself, 
with great difficulty, escaped half naked on a baggage horse. 3 

Sir Simon Fraser appears for the last time at the battle of Halidon Hill 
on the 19th of July 1333, where, with his brothers, Sir Andrew and Sir 
James, he is said to have been associated with the young Earl of Moray in 
command of the first division of the Scottish army, on account of their 
experience and valour. 

That day their experience and valour proved as unavailing as that of Sir 
Alexander Fraser had been at Dupplin, to counteract the disorder and want 
of discipline in a younger generation less used to war, and the names of all 
three are recorded as having fallen in that disastrous field. 4 

1 Douglas' Peerage, by Wood, vol. i. — 3 Fordvm, Gesta Annalia, No. cxlviii. 
Earl of Caithness. 4 Ibid. No. cxlix. Scotiehronicon, Lib. xin. 

2 Wyiitoun, Lib. VIII. cap. xxvi. Scoti- cap. xxviii. Wyntoun, Lib. vni. cap. xxvii. 
chronicon, Lib. XIII. cap. xxv. 

VOL. II. E 



130 APPENDIX OF CADET FAMILIES. 

Mr. Anderson, following other genealogists, has stated that Sir Simon 
Fraser left two sons — Simon and Hugh. In Douglas' Peerage, edited by 
Mr. Wood, Simon is ignored, and Hugh is named as the only son of Sir 
Simon Fraser. 

It will be seen, however, in the following pages, that while Mr. Anderson 
was probably right in terming the elder son of Sir Simon Fraser, Simon, 
there is reason for believing that his younger son was named Alexander. 



SIMON FRASER, elder son of Sir Simon Fraser. 
1345. 

The existence of a person of this name, who cannot well be considered 
the son of any other member of the race than the Sir Simon killed at 
Halidon, and who is positively asserted to have been so by some genealo- 
gists, is proved by his name being found, in 1345, as that of a witness to a 
charter of some lands in the barony of Urquhart, granted to Sir Robert de 
Cheshelme, Constable of that castle, by John, Earl of Moray j 1 and when it 
is remembered that his father was killed while associated in command with 
the then youug Earl, it is not improbable that the latter befriended the son 
of his old comrade, and brought him up in his household. 

Mr. Anderson describes Simon Fraser as having taken an active part in 
the stirring events of the day, and says, on the authority of Froissart, that he 
was the Fraser who accompanied Sir William de Douglas in the surprise and 
capture of Edinburgh Castle in 1341 (though Fordun, a better authority in 
Scottish affairs than Froissart, calls that Fraser " William"), that he was one 
of those sent in the same year to bring back King David II. from France to 
Scotland, and that he fought and was wounded at the battle of Durham 
in 1346. 

It is probable that he accompanied the Earl of Moray, who became a 
distinguished leader, in his various expeditions, as soon as he was old enough 
to bear arms, and followed his banner to the field of Durham, where the 
1 Family of limes, edited by Mr. Cosmo Innes, p. 60. 



ALEXANDER FRASER, YOUNGER SON OF SIR SIMON FRASER. 131 

Earl was killed, in command of the right wing, early in the action ; but 
when Mr. Anderson goes on to say that Simon Fraser returned to Lovat after 
the battle of Durham, and died there, exception must be taken to these last 
items in his account, for there is no evidence of a Fraser having acquired 
Lovat by that time. Mr. Anderson and the MS. Histories from which he 
takes his account are doubtless correct in saying that this Simon Fraser 
died at a comparatively early age, unmarried ; but there is nothing upon 
record to show what property he held, though he probably succeeded to 
Brotherton, and to whatever estates Sir Simon acquired by his marriage, nor 
indeed is there any authentic mention of his name, except as a witness to 
the charter by John, Earl of Moray, noticed above. 



ALEXANDER FEASEli, 

PROBABLY YOUNGER SON OF SIR SIMON A DAUGHTER OF SIR ANDREW MORAY OF 

FRASER. BOTHWELL. 

1337-1361. 

No positive evidence of the parentage of this person has been yet discovered, 
but in the memoir of Sir Alexander Fraser, the Chamberlain, reference has 
been made to the error of most of the earlier genealogists, in calling him son 
of Sir Simon Fraser, Pater, and brother of Sir Simon Fraser, Filius ; but here, 
if the suggestion as to this person's parentage be correct, an Alexander Fraser 
is found, who appears as younger son of a Sir Simon Fraser, and younger 
brother of a Simon Fraser, and the error would seem to be the antedating 
that descent to the Chamberlain, instead of ascribing it to his nephew of the 
same name. 

In the account of a naval victory gained in 1337 by the English Admiral, 
John de Ros, over two Scottish ships, in which were many of the wives and 
children of the nobility of Scotland returning from Flanders, Alexander 
Frisel is named among the " filii nobilium " who were on board and were 
captured. 1 

He may have been the same person who, as Alexander Freysel, brother 
1 Bemingford Chron., Edwardi Tertii, vol. ii. \>. 248. 



132 APPENDIX OF CADET FAMILIES. 

(in law) to Thomas Murreff (Sir Thomas Moray of Bothwell), one of the 
hostages for the ransom of David II., ohtained a safe-conduct on the 23d July 
1361, to pass to and from England, 1 in all probability to visit Sir Thomas, 
who died of the plague, in London, about Michaelmas of that year. 

No further record of him has been discovered, but the above authorities 
establish the existence of an Alexander Fraser, a youth in 1337, and of a 
person of the same name, and probably the same person, brother-in-law of 
Sir Thomas Moray of Bothwell in 1361 ; who hitherto has been ignored by 
all genealogists. 

There is no positive record of any posterity of this Alexander Fraser, 
but there is reason to believe that he had a son, Duncan Fraser. 

In the " Kalendar of Fearn," an Alexander Frisell is said to have been 
Prior of Beauly, and to have died on the 8th August 1371. It was not 
uncommon in that age for laymen to assume the monastic habit towards the 
close of life, and although Alexander Fraser was not an old man, it is possible 
that the death of his brother-in-law, and other circumstances, may have 
induced him to do so, and that his choice of that establishment, and his rapid 
rise to the Priorship, may have been influenced by Lovat having become a 
Fraser possession by 1367. 



DUNCAN FRASER, CHRISTIANA, 

DOMINUS DE TULIFOUR, PROBABLY SON 01" DAUGHTER OF MARGARET GELIBRANDE. 

ALEXANDER FRASER. 

1362-1368. 

In 1362 the names of Duncan Fraser and his wife, Christiana, are men- 
tioned in a charter from King David II. to Gilbert de Glencharnie, of the 
barony of that name, situated in the sheriffdom of Inverness and earldom 
of Moray, which barony, failing Gilbert's heirs-male, was to pass to Duncan 
Fraser and his wife, who is termed Gilbert's sister. 2 

In 1367 Duncan Fraser, dominus de Tulifour, and his wife, Christiana, 
the daughter of Margaret Gelibrande, widow of Sir Lawrence Gelibrande 
1 Rotuli Scotiee, vol. i. p. Sol. 2 .Robertson's Index, p. 71, No. 20. 



DUNCAN FRASER OF TULIFOUR. 133 

(who probably was Margaret's second husband), obtained the lands of Broun- 
moldy, Mulbyne, and Ordichoys, in Morayshire ; those of Crechyrosy, Bal- 
mariot, and Auchinmare, in Banffshire ; and Ballintraille, in Perthshire, upon 
the resignation of the said Margaret; 1 and in 1368 Isabella, Countess of 
Fife, renounced, in favour of Duncan Fraser, all her claims and rights in the 
lands of Orchirenchd, Tulyoich, and Meneicht. 2 

No positive evidence has been found of the parentage of this Duncan 
Fraser, nor has any further notice of him or his family been met with, 
except that in 1414 an Alexander Fraser, designated as son of the late 
Duncan Fraser, dominus de Tulifour, received a grant of a half davoch land 

3 ' O 

for the term of his life, from his cousin, John Fraser, dominus de Arden- 
dracht. 3 

However caused, the extinction of this family, once so prosperous, seems 
to have been complete. No notice of any posterity of Duncan Fraser's son, 
Alexander, has been discovered. The large estates which came to Duncan 
through his wife did not remain in connection with the Fraser name, 
and the same may be said of those resigned by the Countess of Fife : while 
before 1444 Tulifour had become the property of Sir Alexander de Seton 
Gordon, 4 who, in right of his mother, and of his first wife, was a co-heir of 
his great-grandmother, Margaret Fraser, the wife of Sir William de Keith 
Marischal ; and as Tulifour was a part of the barony of Cluny, which had 
belonged to Sir Alexander Fraser the Chamberlain, and passed, with his 
other estates, to Margaret Fraser, Duncan Fraser probably held it as feuda- 
tory to her, and may have inherited it from Alexander Fraser, by whom, or 
by Simon Fraser, the estate of Brotherton may have been exchanged for it. 
Mr. Anderson, on the authority of Shaw's History of Moray, makes Duncan 
a younger son of the first Hugh Fraser of Lovat ; 5 but the facts of his having 
been a landed proprietor in the same year with the first appearance of Hugh 
Fraser in that capacity, and of his having been a married man five years 
before any mention of the latter is found, sufficiently refute that supposition. 

1 Antiquities of Aberdeenshire, vol. ii. p. 3 Antiquities of Aberdeenshire, vol. i. p. 380. 

263. * Ibid. vol. iv. p. 340. 

'- Miscellany of Spalding Club, vol. v. p. 246. 5 History of Family of Fraser, p. 52. 



134 APPENDIX OF CADET FAMILIES. 



SIR JAMES FRASER, 1322-1333, MARGARET, 

YOUNGEST SON OP SIR ANDREW FRASER, DAUGHTER AND HEIRESS OF SIR JOHN STEWART 

SHERIFF OF STIRLING, 1293. OF FRENDRAUGHT. 

In 1322, Jacobus Fraser, of the diocese of Aberdeen, obtained a dispensa- 
tion from Pope John xxn. to enable him to marry Margaret, heiress of 
Frendraught, to whom he was related within the prohibited degrees, 1 though 
how that relationship arose cannot be traced ; and in the account of their 
son, given below, will be found information as to the family of which the lady 
was a member. 

A Sir James Fraser, probably the same person, was engaged with his 
brother Simon in the recapture of the town of Perth by the adherents of 
David ii. ; 2 and was appointed with Sir Andrew and Sir Simon Fraser, to 
assist the young Earl of Moray in the command of the first division of the 
Scottish army at the battle of Halidon Hill, where he was one of those that 
perished in the conflict. 

The notice of his fate in the Gesta Annalia of Fordun throws some little 
doubt upon his having been a brother of the two other Fraser s, and conse- 
quently of Sir Alexander Fraser, the Chamberlain ; for the passage stands 
thus — " Andreas Fraser, cum Symone fratre suo, Jacobus Fraser, et alii 
nobiles quarnplures ;" 3 but Bowyer, in the Scotichronicon, of part of which 
the Gesta Annalia were the groundwork, states that the three were brothers, 
and has altered the reading to " Andreas, Symon, et Jacobus Fraser, fratres, 
et alii nobiles quarnplures." 4 

Wyntoun, also, in his list of those that fell at Halidon, says — 

" And thre bredyre the Fresare, 
That Andrew, Symownd, and Jamis ware ; " 5 

' Found in Archives of the Vatican by M. 3 Fordun, Gesta Annalia, No. cxlix. 

de Marion, and quoted in History of Stewarts, 
1798, by Andrew Stewart, p. 446. 4 Scotichronicon, Lib. xin. cap. xxviii. 

2 Scotichronicon, Lib. XIII. cap. xxv. Wyn- 
toun, Lib. viii. cap. xxvi. 5 Wyntoun, Lib. vm. cap. xxvii. 



THE FRASERS OF FREN DRAUGHT. 135 

and these authorities afford fair grounds for believing him to have been the 
Chamberlain's brother, and the youngest son of Sir Andrew Fraser, the 
Sheriff of Stirling, 1293. 

He left a son, 

James, who must have been a young boy at his father's death. 



SIR JAMES FRASER of Frendraught, 1361-1395. 

There can be no reasonable doubt that this James Fraser was the son of 
the person, bearing the same name, that married Margaret, the heiress of 
Frendraught, in 1322, and it has now to be seen to what family she belonged. 
In this inquiry some assistance will be obtained from the arms upon the seal 
of her son, this James Fraser, of which an impression remains attached to 
the Act of Succession to the Throne, March 1371, at the coronation of 
Robert ii., 1 and a woodcut is given at the end of this Memoir. 

On a triangular shield he bore a fess cheque between six rosettes or 
cinquefoils, 3 in chief, and 2 . 1 in base, with a wolf's head as a crest. 

This crest was evidently taken from the insignia of the old Frendraught 
family, for the seal of Sir Duncan de Frendraught, in 1296, 2 shows that his 
armorial bearings were three wolves' heads ; but there is nothing in that coat- 
of-arms to account for the fess cheque, which would point to a connection 
with a Stewart or a Lindesay, and it is necessary to inquire how a person 
of either of these families had anything to do with Frendraught. 

In Robertson's Index, one of the earliest charters by Robert i. is noticed 
thus — 

" Johannis Senescall of the lands of Frendraucht ;" 3 and from its place in 
that Index, it was granted about the year 1309, immediately after the defeat 
and dispersion of the King's powerful adversaries, the great Comyn race, 
which leads to the inference that the old Barons of Frendraught had sided 
with them in the struggle, and had incurred forfeiture in consequence. This 

1 Original Act in Her Majesty's General - Laing's Scottish Seals, vol. ii.p. 67, No. 396. 

Register House, Edinburgh. 3 Robertson's Index, p. 1. No. 19. 



136 APPENDIX OF CADET FAMILIES. 

brings the name of Stewart into connection with the estate, and it remains to 
be seen who this John Senescall, or Stewart, in all probability was. 

Sir John Stewart of Bonkill, the second son of Alexander, the High 
Steward of Scotland, is said to have been born in 1246, and was killed at the 
battle of Falkirk in 1298. He left a numerous issue, and his fifth son, 
whose birth may be reasonably placed a little before or after 1280, was 
named John. 1 

Symson, in his Genealogy of the Stewarts, says that of this John's issue 
he has " discovered nothing from charters." 2 It is, however, evident that he 
would have been of sufficient age to receive the grant of the lands of 
Frendraught from Eobert I. about 1309, and to have been the father of the 
Margaret married to James Fraser in 1322 ; and the fess cheque in the arms 
of the son of that marriage seems to confirm this view of the case, and to 
show that his mother was Margaret Stewart. Sir John Stewart, son of Sir 
John of Bonkill, is said to have been killed at Halidon, where his son-in-law, 
the elder Sir James Fraser, also fell. 

Sir James Fraser, the younger, may perhaps have been the person whose 
name is found, without any designation, as a witness to a charter granted by 
Sir William de Keith, and his wife, Margaret Fraser, in 1361, for his mother 
may have been in possession of the estates until after that date ; but however 
this may be, he appears in 1369 as James Fraser, domiuus de Frendraught; 
and in 1371 Dominus Jacobus Fraser, Miles, and Alexander Skirmechour, 
were procurators for the Abbot and Monastery of Arbroath, in a contention 
with the Bishop of Moray. 3 

He was one of the barons, bearing the rank of knight, that attended the 
coronation of Robert II. on the 27th March 1371, and swore fealty, and affixed 
their seals to the Act of Succession to the Throne, and he also attended the 
Parliament held on the 10th April 1373.* 

On both these occasions his name immediately precedes that of his cousin, 
Sir Alexander Fraser of Philorth, who, although of the senior line, belonged 
to the next generation. 

1 Douglas' Peerage, by Wood, vol. i. pp. 64, 65. 2 Symson, p. 12. 

3 Antiquities of Aberdeenshire, vol. ii. pp. 74, 197, 217. 

4 Acts of the Parliaments of Scotland, vol. i. pp. 1S1, 185. 



THE FRASEES OF FRENDRAUGHT. 137 

Under the designation of Jacobus Fraser, dominus de Frendraught, Miles, 
he is found a witness to numerous charters down to the year 1395, when he 
received from Eobert HI. the grant of an annual rent of 20 merks, from the 
lands of Carnousie and Culmesty, in his barony of Frendraught, which a Sir 
Eichard Comyn, who had enjoyed it to that time, resigned into the royal 
hands. 1 

In all probability Sir James Fraser did not long survive the year 1395, 
when he must have been nearly, if not quite, seventy years of age ; but there 
is no record of his death. 



JAMES FEASEE of Frendraught, 1402-1404. 

There is a little obscurity in the next generation of this family. In 1402 
James Fraser, dominus de Frendraught, but not styled " Miles," or knight, 
granted to the Abbey of Melrose the lands of Cambestone, in the barony of 
Lossidwyn and sheriffdom of Eoxburgh, 2 which had been possessions of 
the old Frendraught family. Mr. Laing has given an engraving of the seal 
of this James Fraser in his valuable work, and says that it is appended 
to the charter of these lands. 3 The arms upon this seal are a bar sinister 
indented, between three rosettes or cinquefoils, 2.1. No reason, however, 
can be discovered for the change of the fess cheque' into the indented bar, 
but James Fraser, who was of the same generation as Margaret Fraser, the 
Chamberlain's grand- daughter, had reduced the number of his rosettes or 
cinquefoils from six to three. 

James Fraser of Frendraught also granted the lands of Little Glensauche, 
in Kincardine, to the White Friars of Aberdeen, and he was a vassal of the 
Abbot of Dunfermline for the lands of Cupermaculty, Fordoue, Dulmernak, 
and Lytilkethic, in the sheriffdom of Perth, the last of which he granted to 
Henry de Ferendrache, and the charter was confirmed by Abbot John de 
Torry in 1404. 4 

1 Antiquities of Aberdeenshire, vol. i. pp. 3 Laing's Scottish Seals, vol. i. p. 352. 
289, 540; vol. iii. p. 471. Reg. Episc. Abev- i Antiquities of Aberdeenshire, vol. i. pp. 
don., vol. ii. p. 287. 523, 524. 

2 Antiquities of Aberdeenshire, vol. i. p. 524. 

VOL. II. S 



138 



APPENDIX OF CADET FAMILIES. 



It is impossible to say whether the Mauld Fraser who married Alexander 
Dunbar, second son of John Dunbar, Earl of Moray, 1 was the daughter of the 
last James Fraser ; but their son, James Dunbar, was Lord of Frendraught 
in 1425, 2 and afterwards succeeded his cousin, Thomas, in the earldom of 
Moray ; and the seal of his daughter, Janet Dunbar, Countess of Moray 
1454, where the fess cheque again appears between three rosettes or cinque- 
foils, 2.1, seems to show that she could claim a legitimate descent, 3 and it is 
possible that the indented bar in the armorial bearings of James Fraser 
may have been an error of the engraver, when the rosettes or cinquefoils 
were reduced from six to three, arising from the slanting position of the 
fess cheque' in the couche shield of the earlier seal, which suggestion is in 
some degree supported by the rosettes, or cinquefoils, appearing in similar 
positions to those into which the couche" shield of the earlier seal throws the 
three below the fess-cheque. 

Thus the line of the Frasers of Frendraught terminated in a female about 
the beginning of the fifteenth century, and there is no record of any junior 
branch of the family. 

1 Pitscottie, p. 42. 

2 Antiquities of Aberdeenshire, vol. i. p. 524. 

3 Laing's Scottish Seals, vol. i. p. 56, No. 297. 





Seal of Sir James Fraser, 1371. Seal of Janet Dunbar, Countess of 

Moray, 1454. 




Seal of James Fraser, 1402. 



139 



CADETS OF FAMILY OF COWIE, 
DURRIS, AND PHILORTH. 



THE FRASERS OF FORGLEN AND 
ARDENDRACHT. 

SIR JOHN FKASEK, 1373-1390. MAEJOEY, 

DAUGHTER OF SIR JOHN OF MONYMUSK. 

f\N the 18th of June 1373, Eobert n. granted a charter of the lands of 
Wester Essintuly to John Fraser, son of the late Sir AVilliam Fraser, to 
he held of the Crown for payment of a silver penny annually, if demanded, 
at the castle of Mount Durris, in the same manner as they had been held by 
John of Dalgarnok, who had resigned them into the King's hands. 1 

On the 19th of May 1376, Sir Alexander Fraser, Lord of the barony of 
Cowie, granted to his brother, John Fraser, the lands of Auchinschogill, 
Loncardy, Plady, Delgady, etc., in the valley of the Deveron, to be held of 
him and his heirs, for payment of a pair of gilt spurs on each Feast of 
Pentecost, at the manor-place of Philorth; 2 and on the 31st of July 1385, the 
same Sir Alexander gave him a letter of obligation, to the effect that if by 
any lawful proceeding, at the instance of any of Sir Alexander's heirs, he 
should be deprived of and ejected from those estates, he should have the 
whole barony of Durris in lieu of them. 8 

This obligation was probably given in consequence of some doubt having 
arisen as to whether it was in Sir Alexander's power to dispose of these lands, 

1 Reg. Mag. Sig., Roll n. No. 17. Antiquities of Aberdeenshire, vol. iii. p. 355. 

2 Antiquities of Aberdeenshire, vol. i. p. 470. 3 Charter-room, Philorth. 



140 APPENDIX OF CADET FAMILIES. 

as they were part of the possessions he had acquired by his marriage with 
Lady Johanna de Eoss ; but this doubt was put an end to on the 2d of 
April 1397, when William Eraser, "filius et heres Domini Alexandri Fraser, 
militis, domini baronie de Cowy, ac dominus de Philorth," confirmed the 
charter of 1376 granted by his father. 1 

John Fraser married Marjory, daughter and heiress of Sir John of 
Monymusk, and on the 2d of March 1388 he received a charter from John, 
Abbot of Arbroath, of the lands of Forglen, near his property of Auchinscho- 
gill, etc. ; 2 but he seems to have succeeded to these lands, in right of his 
wife, before that date, for in 1386, as John Fraser of Forglen, he had a dispute 
with Adam, Bishop of Aberdeen, about the tithes due from that estate, which 
was settled by arbitration in that year. 3 

About the year 1388, he also purchased the lands of Balhelvie-Bonville, 
Colynstoun, and " duas Villas de Ardendracht," together with "tenandriis 
suis," and those of Blaretoun, Many, and Achlochery from John de Bon- 
ville, dominus de Balhelvie ; 4 and about the same time he was one of the 
arbiters on the part of Adam, Bishop of Aberdeen, in the settlement of a 
dispute between that prelate and John, dominus de Forbes. 5 

John Fraser, Miles, dominus de Forglen, appears a witness to a charter 
about 1390, e but there is no record of his death or posterity, save that in the 
charter of Forglen, 1388, by the Abbot of Arbroath, two sons of his, Andrew 
and William, are mentioned, 7 who seem, by the terms of the charter, to be 
distinguished from his legitimate progeny, and therefore to have been illegi- 
timate ; and in 1402-3 John Fraser, dominus de Forglen, Armiger, is found 
a witness to a decision by Sir William de Keith, the Marischal, in a suit 
between Margaret de Lindesay and Henry de Preston, Lord of Formartine, 
with respect to the Castle of Fy vie, in favour of the latter. 8 

He was most probably the legitimate son and heir of Sir John Fraser, and 

1 Antiquities of Aberdeenshire, vol. i. p. 4 Antiquities of Aberdeenshire, vol. i. 
471. Charter-room, Slaines. This designa- pp. 289, 379. 

tion appears to show that William Fraser was '■> Ibid. vol. iv. p. 378. 

infeft in Philorth on the death of his mother, 6 Ibid. vol. iii. p. 93. 

before that of his father. r Ibid. vol. i. p. 511. 

- Ibid. vol. i. p. 511. s ibid. p. 502. 

3 Reg. Episc. Aberdon., vol. i. pp. 171-4. 



THE FRASERS OF DURRIS. 141 

in 1411, as John Fraser, dominus de Forglen, he resigned those lands into the 
hands of the Abbot of Arbroath, and was after that time styled dominus de 
Ardendracht, 1 under which designation, in 1414, he granted a half davoch of 
land in Ardendracht for life to his cousin Alexander, son of the late Duncan 
Fraser, dominus de Tulifour. 2 

In 1440 John Fraser of Ardendracht was dead, and his male line seems 
to have failed, for in that year Margaret Fraser, domina de Ardendracht and 
Auchleuchries, in her widowhood, resigned these lands into the hands of 
Patrick, dominus de Glamys et Balhelvie, the superior lord; 3 and as in 
1466 Alexander Hay of Dronlaw was dominus de Ardendracht, they were 
probably resigned in his favour, and not only these lands, but also Auchin- 
schogill, Loncardy, Plady, Delgady, etc., passed to the family of the Hays of 
Dronlaw, possibly by the marriage of an heiress, or of coheiresses, or perhaps 
in consequence of the right to sell them having been asserted and enforced, in 
spite of the condition in the charter of 1376, by which they were to revert to 
the Philorth family on failure of the heirs of the John Fraser, to whom they 
were then granted by his brother, Sir Alexander ; but the details of these 
transactions cannot be traced accurately. They were, however, sufficiently 
legal to defeat the claims put forward by Sir Alexander Fraser of Philorth 
about 1440-45, if those claims were for the recovery of the estates, and not 
for the superiority alone, which latter was retained by the Lords of Philorth 
until 1502, when it was sold to Sir Gilbert de Hay by Sir William Fraser, 
sixth of Philorth. 



THE FRASERS OF DURRIS. 

ALEXANDEE FEASEE, 1400. 

Sir Alexander Fraser, Lord of Cowie and Durris, and first of Philorth, 
on the 20th of September 1400, with the consent of his second wife, Elizabeth 
de Hamilton, gave a charter to his son Alexander Fraser. 4 

1 Antiquities of Aberdeenshire, vol. i. p. 513. 3 Antiquities of Aberdeenshire, vol. i. p. 381. 

2 Ibid. p. 380. 4 Ibid. vol. iii. p. 362. 



142 APPENDIX OF CADET FAMILIES. 

In the confirmation of that charter by Eobert in., on the 5th of October 
in the same year, 1 and also in a second confirmation of it by James I., on the 
8th of August 1430, 2 the Alexander Fraser to whom it was granted is called 
" filio naturali " of his father, the granter ; but the charter itself does not 
contain that expression, and was given " Alexandro Fraser filio meo dilecto." 

Although "films naturalis" does not necessarily bear the same meaning 
as the modern term "natural" — signifying illegitimate — son, yet it may do so, 
and the tenor of the charter itself will afford the means of discovering the 
position of its recipient in that respect. 

The Latin text Avill be found in the Appendix of Charters, and the 
following is a close translation of its principal provisions : — 

"Alexander Fraser, lord of the baronies of Cowie and Durris. . . . 
Know all men that I, with consent of my wife, Elizabeth de Hamylton, have 
given to Alexander Fraser, my beloved son, for homage and service done 
and to be done, by the same Alexander to me and the said Elizabeth my 
wife, and to the survivor of us, and to the heirs legitimately procreated or to 
be procreated between me and the said Elizabeth, all the lands of the two 
Kynclonyes, of Balcharn, and of Balfuthachy, with their pertinents, in the 
barony of Durris, within the sheriffdom of Kyncardine, to be held by the 
said Alexander and his heirs of his body legitimately procreated or to be 
procreated (whom failing, to revert freely to me and my heirs), of me and the 
said Elizabeth, and the heirs legitimately procreated or to be procreated 
between me and the said Elizabeth ; whom failing, which God forbid, I give, 
concede, and by this present charter of mine, confirm to the aforesaid Alex- 
ander my son, for service hitherto done to me, the whole aforesaid barony 
of Durris, with its pertinents, within the said sheriffdom of Kyncardine. 
To be held by the aforesaid Alexander, and the heirs of his body legitimately 
procreated or to be procreated (whom failing, to revert fully to me and my 
heirs), of me and my heirs in feu, and heritage," etc. 

From this it is apparent that, if the granter, the Lord of Cowie and 

Durris, should have a child by his second wife, Elizabeth de Hamilton, that 

child was to be proprietor of the barony of Durris, and Alexander Fraser, 

with the legitimate heirs of his body, were to hold the lands of the two 

1 Antiquities of Aberdeenshire, vol. iii. p. 3G2. 2 Ibid. p. 365. 



THE FRASERS OF DURRIS. 143 

Kynclonyes, Balcharn, and Balfuthachy, as vassals of that barony ; but, on the 
other hand, if the Lord of Cowie and Durris should have no child by Eliza- 
beth de. Hamilton, then Alexander Fraser, with the legitimate heirs of his 
body, were to become proprietors of the whole barony of Durris, and to hold 
it as vassals of the Lord of Cowie and Durris and his heirs. 

Sir William Fraser of Cowie and Durris, and second of Philorth, was 
undoubtedly eldest legitimate son and heir of Sir Alexander Fraser, Lord of 
Cowie and Durris, and first of Philorth, by his first marriage with the Lady 
Johanna de Pioss. This is fully proved by his confirmation, in 1397, of his 
father's charter to his uncle John Fraser, by his succession to Cowie, Durris, 
and Philorth, by his sale of the two former baronies to William de Hay, Lord 
of Erroll, in 1413, and by the service of his son, Sir Alexander Fraser, in 
the barony of Cowie, as nearest heir to his grandfather, at the inquest held 
on the 14th April 1461, at Aberdeen. 

It seems impossible that a younger legitimate son of that first marriage 
should be granted lands to be held in feudal subjection to the heirs of a 
second marriage, because, by the death of his elder brother, without issue, he 
might succeed to the position held by their father, and in that case would be 
placed in the anomalous situations of head of the elder line and vassal for 
part of the barony of Durris to the representative of the younger line ; but 
such a grant is perfectly intelligible if it were made to an illegitimate son, 
who could in no way interfere in the succession ; and it seems therefore to 
be clear that the term " filius naturalis," used in the confirmations of Alex- 
ander Fraser's charter, means illegitimate son. 

As there was no issue of his father's second marriage, Alexander Fraser, 
on the death or resignation of Lady Elizabeth Hamilton, who in Sir William 
Fraser's charter of sale is called "joynte fyffare" in the lands of Cowie and 
Durris, obtained the whole barony in accordance with the terms of the 
charter ; and was the immediate ancestor of the family of Fraser of Durris. 
Whether the sale of that barony to the Lord of Erroll, in 1413, caused him 
for a time to become a feudatory of that family is uncertain, but the sasine 
of William Fraser in 1491 shows that the Laird of Durris had become a 
tenant-in-chief of the Crown by that time. 1 

1 Antiquities of Aberdeenshire, vol. iii. p. 367. 



144 APPENDIX OF CADET FAMILIES. 

The family of Fraser of Durris continued down to 1615-16, when Alex- 
ander Fraser, then Laird, bought the lands of Cairnbulg, etc., from Sir 
Alexander Fraser, eighth of Philorth ; but, shortly after this, he appears to 
have got into difficulties, and sold those possessions, in contravention of the 
conditions under which he had acquired them, to Fraser of Muchalls, and 
before the middle of the seventeenth century his patrimonial estate of Durris 
had also passed into the hands of the representative of that family, 1 who had 
become Lord Fraser. A few years later Sir Alexander Fraser, physician to 
Charles II., purchased the lands of Durris. He may have been a cadet of the 
old race, but his connection with it cannot be traced. He had two sons, one 
by his first wife Elizabeth Dochty, Charles Fraser, who had no male issue, 
the other by his second wife Dame Mary Carey, Sir Peter Fraser, to whom 
he left the estate ; and as Sir Peter had no heirs-male, it passed through his 
heir-female into the possession of the famous Earl of Peterborough. 

In Laing's Scottish Seals, the seal of Sir Peter Fraser is described, and 
he is said to have been " the last of the direct line of Sir Alexander Fraser, 
Great Chamberlain of Scotland, a.d. 1396." 2 Whether this statement origi- 
nated with Sir Peter Fraser himself, or is the invention of Mr. Laing's 
correspondent, it is both inaccurate and audacious, for there was no 
Chamberlain of Scotland of the Fraser name later than 1326 ; and if Sir 
Peter Fraser could have established his connection with the old Durris 
line, it would only have proved him a member of an illegitimate branch of 
that of Philorth. 

The Frasers of Findrack claim descent from " John, fourth son of Thomas 
Fraser of Durris, son of Alexander Fraser, younger of Durris, slain at the 
battle of Pinkie." 

1 Castle Fraser Charters. 2 Laing's Scottish Seals, vol. ii. p. 67, No. 395. 



THE FRASERS OF FOREST. 145 



THE FRASERS OF FOREST. 

This family, which for about three centuries was a near neighbour to 
that of Philorth, sprang from John Fraser, who in the year 1426 received 
a charter from Eobert de Keith, the Marischal, with consent of his son and 
heir, William de Keith, " dilecto nostro consanguineo Johanni Fraser, nunc 
vocato Unicorn," of the lands of New Forest, in the earldom of Buchan and 
sheriffdom of Aberdeen. 1 

This John Fraser has been regarded as a cadet of the house of Philorth, 
and by some said to have been a younger son of Sir Alexander Fraser first of 
Cowie, Durris, and Philorth ; but the reciprocal charters of entail in 1464 
between Sir Alexander Fraser, third of Philorth, and Hugh, Lord Fraser of 
Lovat, are adverse to such a suggestion, for, unless he were illegitimate, it is 
very improbable that so near a relation, as the Laird of Forest must in that 
case have been to Philorth, would have been passed over in the destination 
of the entail made by the latter ; and similar reasons prevent his being 
considered a cadet of Forglen or of Tulifour ; but he may have been one of 
the Frasers of Durris. 

There is no record, however, extant by which to trace his descent with 
any certainty. From the expression in the charter of 1426, it is probable 
that he held the office of Unicorn Pursuivant. 

The Lairds of Forest, as they were termed, are found from time to time 
witnesses to charters, members of assizes, or acting as bailies for Fraser of 
Philorth, down to the years 1 623-3 1, 2 when Alexander Fraser of Forest sold 
that property to Fraser of Strichen, who bestowed it upon his second son, 
Hugh. About 1641-2, however, Alexander Fraser of Forest asserted and 
enforced his right to redeem the estate from Strichen, and having done so by 
the assistance of Alexander Fraser of Philorth, afterwards tenth Lord Saltoun, 
assigned the property to him, who also, in 1687, acquired from the Earl 
Marischal the superiorities of it and some other lands ; and the male line of 
the family of Forest appears to have become extinct soon afterwards. 3 

1 Philorth Charter-room. Antiquities of Aberdeenshire, vol. iv. p. 33. 

2 Antiquities of Aberdeenshire, vol. iii. p. 14 ; vol. iv. pp. 8S, 104, 125. 

3 Philorth Charter-room. 

VOL. n. T 



146 APPENDIX OF CADET FAMILIES. 

THE FRASERS OF MEMSIE. 

DESCENDED FROM THE SECOND SON OF THE THIRD LAIRD OF PHILORTH. 

In the year 1479, James Fraser appears as Laird of Menisie, a small estate 
in the parish of Eathen and vicinity of Philorth. 1 

He was the second son of Sir Alexander Fraser, third of Philorth, and 
obtained these lands of Memsie as his portion, probably upon the resignation 
of them by his elder brother, Alexander, to whom they had been granted by 
their father before 1474. 

He was one of those members of the family who, in 1496, in company 
with his nephew, William Fraser of Philorth, granted an acquittance to 
Alexander Irvine of Drum for the payment of 100 merks, in part compensa- 
tion of the outrage and violence committed by him at the Bridge of Balgounie 
some years previously. 

His descendants continued in possession of the estate of Memsie, as feu- 
datories of the Philorth family, until about the year 1606, when an Alexander 
Fraser in Ardmacron is designated eldest son and heir to Alexander Fraser, 
sometime in Memsie. 

After that the property appears to have passed by some means to a branch 
of the Techmuiry family, for in 1635 William Fraser of Memsie is designated 
third lawful son of umquhile Mr. Michael Fraser, sometime in Techmuiry ;' 2 
and his descendants appear to have possessed the Memsie estate until 1810, 
when it was bought back by Alexander George Fraser, sixteenth Lord 
Saltoun, from William Fraser, Esq., and his only child and heiress, Elizabeth, 
who became Mrs. Leslie. 

THE FRASERS OF TECHMUIRY. 

DESCENDED FROM THE SECOND SON OF THE SEVENTH LAIRD OF PHILORTH. 

In the year 1568, "Magister" William Fraser of Techmuiry, second son of 

Alexander Fraser, seventh of Philorth, is found as a witness to his father's 

purchase of the sunny halves of Kindrocht and Denend, from William Cumming 

1 Antiquities of Aberdeenshire, vol. i. p. 299. Acta Dom. Auditorum, p. 90. 
- Philorth Charter-i-oorn. 



THE FRASERS OF STRICHEN. 147 

of Inverallochy j 1 and in 1571, with the Vicecomes of Aberdeen, Alexander 
Irvine of Drum, Alexander Fraser of Philorth, and William Hay of Ury (all 
being styled " Vicecomites de Abirdene in hac parte "), he was decreed to be 
answerable for the ward and relief due to the Crown from the lands of Inver- 
allochy, Fortrie, and Ennerurie, possessed by the same William Cumming 
since the death of his father, Alexander Cumming, at the battle of Pinkie. 2 

The Frasers of Techmuiry continued to flourish until towards the end of 
the seventeenth century, 3 and their lands then appear to have passed from 
Alexander Fraser, the last proprietor of that name, into the hands of a family 
of the name of Gordon, by the marriage of Jane, only daughter and heiress of 
Alexander Fraser of Techmuhy, to James Gordon, in 1686. 4 

In 1635, as noticed in the account of the Memsie branch, a William 
Fraser, third son of Mr. Michael Fraser of Techmuiry, is found to have 
acquired that estate, and to have founded a second family of Frasers of 
Memsie, which terminated in an heir-female during the first twenty years of 
the present century. 

Crawfurd mentions that a William Fraser, who, on being received into 
the Scots College at Paris, 1st July 1611, signed himself " Gulielmus 
Fraser Philorthiensis," was distinguished for his learning at the University 
there ; and dying on the 8th of February 1661, was buried in the Church of 
the Carmelites in the Place Maubert. 5 Memoranda in the Charter-room at 
Philorth suggest that he was a younger son of the second Laird of Techmuiry, 
and grandson to the first of that family. 

THE FRASERS OF STRICHEN. 

THOMAS FRASER, third Son of the seventh Laird of Philorth. 

In his History of the Family of Fraser, 6 Mr. Anderson gives an account 
of the manner in which the estate of Strichen first came into the possession 
of one of the name that is altogether incorrect. He says that Isabel Forbes, 
" daughter of Forbes of Corfurdie, had taken as her first husband William 

1 Antiquities o£ Aberdeenshire, vol. iv. p. 6S3. 5 Lives of Officers of State, p. 282, quoting 

2 Ibid. p. 6S5. Registers of Paris University. 

3 Philorth Charter-room. 

4 Gordon's Scots Affairs. ° History of the Family of Fraser, p. 175. 



148 APPENDIX OF CADET FAMILIES. 

Chalmers of Strichen. This person's elder brother, George Chalmers, had 
been long abroad, and there was little chance of his returning. William died 
in possession of the estate. His widow sometime after married Thomas 
Fraser, son of Philorth, who assumed the title of Strichen. But the old 
proprietors, unwilling to part with their inheritance, threatened to dispossess 
him, and their disputes led to several fruitless conferences. The Chalmers, 
in their necessity, had recourse to Gordon of Gight. He and Fraser met at 
Old Deer, in the hopes of effecting a compromise, but the overtures of either 
party meeting with contempt, Gordon in a rage followed after Fraser, and 
coming behind him at the bridge of Deer, laid him dead with one blow of 
his two-handed sword." Mr. Anderson quotes mss. of the Strichen family, 
and the Wardlaw MS., as his authorities ; but the following record of the 
transaction, gathered from the evidence of charters, will show how little 
dependence can be placed upon those MSS. : — 

In 1504, John Chalmers succeeded his father, Thomas Chalmers of 
Strathechin, or Strichen, who died in that year. 1 

In 1528, Andrew Chalmers, whose wife, Christina Fraser, was of the 
Philorth family, perhaps a daughter of William, the sixth Laird of Philorth, is 
mentioned in a charter from King James v., erecting the lands of Strichen and 
others into a free barony in his favour, as son and heir of John Chalmers of 
Strichen, who was then still alive. 2 

Iu 1554, Alexander Chalmers, grandson, or nephew (nepos), and heir- 
apparent of Andrew Chalmers of Strichen, appears. His wife was Elizabeth 
Johnstone, and Andrew Chalmers and Christina Fraser were still living at 
that time. 3 

In 1558, Alexander Chalmers, " feodatarius terrarum de Strathechin," 
sold that estate to his cousin, Thomas Fraser, son of Alexander Fraser of 
Philorth, in two portions, of which he gave him two charters, one on the 11th 
of May 1558, the other on the 6th of December in the same year, both of 
which were confirmed by Queen Mary.* 

1 Antiquities of Aberdeenshire, vol. iii. 3 Antiquities of Aberdeenshire, vol. iv. 

p. 383, quoting Lib. Act. Our. Vie. de p. 584, quoting Reg. Mag. Sig., Lib. xxxii. 

Aberdon., vol. i. No. 3S0. 

- Ibid. vol. iv. p. 582, quoting Reg. Mag. * Ibid. p. 585, quoting Reg. Mag. Sig., Lib. 

Sig., Lib. xxii. No. 265. xxxii. No. 249 ; Lib. xxxi. No. 509. 



THE FRASEES OF STE1CHEN. 149 

In 1573, King James VI. granted to Thomas Fraser and his wife Isabel 
Forbes, in conjunct fee, and to the survivor, a charter of the barony of 
Strichen, which is stated in the charter to have belonged to Thomas Fraser, 
and to have been resigned into the royal hands by him for new infeftment. 1 

Here neither the William Chalmers, nor his elder brother George, copied by 
Mr. Anderson from the above-mentioned manuscripts, can find a place ; and 
it is clearly shown that Thomas Fraser, son of the Laird of Philorth, did not 
acquire Strichen in consequence of his marriage with Isabel Forbes, or in 
any manner that could give rise to dispute, but bought it openly from Alex- 
ander Chalmers, who had perfect right to sell it ; nor does it appear that 
Isabel Forbes had any interest beyond that which she acquired by the charter 
from King James VI. to her husband and herself. The whole story seems, 
therefore, to have been an invention of the authors of the mss., and it is highly 
improbable that the quarrel which took place between Thomas Fraser and 
Gordon of Gight could have any connection with the purchase of Strichen. 

On Christmas Eve 1576, Thomas Fraser and Gordon of Gight appear to 
have met at the village of Old Deer, a few miles from Strichen, but whether 
the meeting was for the transaction of business, or in consequence of a social 
gathering, as the festive season would suggest, it is impossible to say. How- 
ever, some quarrel occurred between them, and the Laird of Strichen left the 
place of meeting with the intention of returning home. Gight followed him, 
and coming up behind him on the bridge that there spans the Ugie river, 
struck him a blow with his sword, killing him on the spot. 2 

By his wife, Isabel Forbes, Thomas Fraser left issue two daughters — 

Katherine, married to William Forbes of Corsindae. 

Violet, married to James Sutherland of Duffus. 

Having been left a widow by the nrarder of her first husband, Isabel 
Forbes, who, by the charter of 1573, had obtained infeftment in the estate of 
Strichen, oddly enough, married a second husband, who bore the same name 
as that of her first. This was Thomas Fraser of Knockie, second son of 
Alexander, fourth Lord Lovat, and he, after his marriage, and probably 
after the birth of his son, made an arrangement by which he bought up the 

1 Antiquities of Aberdeenshire, vol. iv. p. 5S7, 2 Gight was afterwards obliged to pay 

quoting Eeg. Mag. Sig., Lib. xxxiv. ISTo. 6. 5000 merks as compensation for the murder. 



150 APPENDIX OF CADET FAMILIES. 

interests of his two step-daughters, with the consent of Sir Alexander Fraser, 
eighth of Philorth, who had obtained the guardianship of the young ladies ; 
and thereupon they resigned in his favour, and disponed to him the estate 
and barony of Strichen, for which he received a charter under the Great 
Seal of King James vi. in 1591. 1 Mr. Anderson says that Thomas Fraser of 
Knockie, " to prevent future disputes, bought up the claims of the family of 
Chalmers." He quotes the inventory of title-deeds at Strichen, and perhaps 
had misapprehended the two charters from Alexander Chalmers to the first 
Thomas Fraser. 

The second family of Fraser of Strichen, who were not cadets of Philorth, 
but of Lovat, and of whom one representative became a Lord of Session and of 
Justiciary, 1730-6, by the title of Lord Strichen, continued in possession of the 
estate until, in consequence of the failure of all intermediate branches, Thomas 
Alexander Fraser, tenth Laird of Strichen, and eighth in descent from Thomas 
Fraser of Knockie, in 1815 succeeded Colonel the Honourable Archibald 
Campbell Fraser, second surviving son of the forfeited Lord Lovat, in the 
possessions belonging to that family, which had been restored in 1774. He 
was created a Peer of the United Kingdom in 1837, by the title of Lord Lovat ; 
and in 1857 the ancient Scottish Peerage of the same title was restored in 
him. Lord Lovat afterwards sold the estate of Strichen to the late George 
Baird, Esquire of Stichell, and it thus passed from the Fraser name. 

JOHN FBASEE, Keotok of the University of Paeis, 1596, 

FOURTH SON OF THE SEVENTH LAIRD OF PHILORTH. 

In Dempster's Ecclesiastical History of Scotland, page 299, quoted by 

Crawfurd, 2 this person is called " Johannes Fraserius ex nobilissima familia 

Philorthiae, rari arnsenique ingenii," and is stated to have been Abbot of 

Noyon or Compeigne. Dempster adds that, in 1596, he was unanimously 

elected Eector of the University of Paris, and died there, at an advanced age, 

on Easter Day 1605, and was buried in the Church of the Franciscans in that 

city ; but Crawfurd corrects Dempster as to the date of his death, and, 

referring to the registers of that university, places it in 1609. 

1 Antiquities of Aberdeenshire, vol. iv. p. 587, note, quoting Reg. Mag. Sig., Lib. xxxviii. 
No. 269. 2 Crawfurd, Lives of Officers of State, p. 2S2. 



THE FEASEES OF QUARRELBUSS AND OF EATHILLOCK. 151 

Dempster also says that he was an author, and wrote two works, one 
intituled, " In universam Aristotelis philosophiam commentarii doctissimi ; " 
the other " Controversial fidei vernaculi," which last Crawfurd declares to be 
the same as a treatise intituled, " Offer made to a gentleman of quality by 
John Fraser, to subscribe and embrace the Ministers of Scotland's religion, 
if they can sufficiently prove that they have the true kirk and lawful calling," 
which was printed at Paris in 1604. 

The statement, that the learned and eminent Sector of the Paris Univer- 
sity was the fourth son of the seventh Laird of Philorth, rests altogether upon 
the authority of Crawfurd ; but the age in which he lived would well accord 
with his having been so, and therefore this account of him has been inserted 
here. 

THE FRASER S OF QUARRELBUSS. 

DESCENDED FEOM A BEOTHER OF THE EIGHTH LAIRD OF PHILORTH. 

John Fraser, a brother of Sir Alexander Fraser of Philorth and Fraser- 
burgh, 1570-1624, obtained the lands of Quarrelbuss. 1 

He had a son, Andrew Fraser, who with his father bought the lands of 
Aberdour from Alexander Fraser, younger of Philorth, before 1608. 2 

Andrew Fraser, however, reconveyed these lands to John Fraser, younger 
half-brother of Alexander Fraser of Philorth, afterwards tenth Lord Saltoun, 
who succeeded to them on John's death. 3 

Nothing further is known of Andrew Fraser of Quarrelbuss, and it is pro- 
bable that he died without issue. 

THE FRASERS OF RATHILLOCK. 

DESCENDED FROM A BROTHER OF THE EIGHTH LAIRD OF PHILORTH. 

Walter Fraser, another brother of Sir Alexander Fraser of Philorth and 
Fraserburgh, 1570-1624, is said to have obtained the lands of Eathillock 
and Crechie. 4 

1 Philorth Charter-room. 2 Ibid. 3 Ibid. 4 Ibid. 



152 APPENDIX OF CADET FAMILIES. 

He was a witness to several charters of the sale of lands bought by his 
brother, 1 and he left a son, Andrew Fraser, who is mentioned as a witness 
to the latter will and testament of his uncle, Sir Alexander Fraser, in 1623, 2 
but of whom nothing more is known. 



THE FRASERS OF TYRIE. 

DESCENDED FROM THE THIRD SON OF THE EIGHTH LAIRD OF PHILORTH. 

James Fkasek, third son of Sir Alexander Fraser of Philorth and 
Fraserburgh, 1570-1624, received the estate of Tyrie from his father as 
his portion, and died before 1650, for he is mentioned as deceased in the 
will of Alexander Fraser of Philorth, afterwards tenth Lord Saltoun, made 
in that year, who calls him his uncle, and who also mentions his son, 
Alexander Fraser of Tyrie, and his daughter, Jean. 3 

This Alexander of Tyrie appears to be the same that began to build the 
house of Tyrie, which was still unfinished at his death in 1690, and of which 
scarce a vestige remains. 4 

He left a son, by whom, or by his successors, the estate was sold about 
1725-30 to Leslie of Iden, and it passed into other hands, until in the end of 
the last century a large portion of it was purchased from a Mr. Eitchie, by 
Simon Fraser of Ness Castle, and by him re-united to the Philorth estates. 5 



THE FRASERS OF FRASERFIELD. 

The Honourable William Fraser, second son of William, eleventh Lord 
Saltoun, was born on the 19th November 1691. 6 

He chose the legal profession, and became a member of the Faculty of 
Advocates in 1713, and his father appears to have had much confidence in 

1 Antiquities of Aberdeenshire, vol. iv. 4 Antiquities of Aberdeenshire, vol. i. 
pp. 647, 649, 684. pp. 449, 450. 

2 Philorth Charter-room. 5 Philorth Charter-room. 
s Ibid. ''' Ibid. 



THE FRASERS OF FRASERFIELD. 153 

his ability and integrity, for he constituted him trustee for the £4000 which 
he had left by will to his eldest grandchild, the son of the Master of Saltoun, 
and his wife, Lady Mary Gordon, which trust William Fraser rigidly executed, 
and enforced payment from the twelfth Lord after he had succeeded their father. 

The eleventh Lord also left William Fraser a considerable sum of money 
at his death in 1715, which enabled him in 1721 to purchase the estate of 
Balgounie, near Aberdeen, from Lord Gray, and he then changed its name to 
Fraserfield. 

At the general election of 1722 he stood for Kintore and its associate 
burghs, but though successful at the poll, he was found not duly elected. 

On the 25th October 1724, he married Lady Katherine Anne Erskine, 
eldest daughter of David, Earl of Buchan, and, within three years, he died 
on the 23d of March 1727, in the thirty-sixth year of his age. 

He left an only son — 

William Fraser of Fraserfield, born September 28, 1725, who served for 
some years in the army. He married Eachel, daughter of the Bev. Hugh 
Kennedy, and dying on the 31st October 1788, left a large family — 

1. William, who succeeded his father. 

2. Margaret, married 15th October 1771, David Steuart, Earl of Buchan, 
and died without issue 12th May 1819. 

3. Katherine Anne, married, 27th March 1777, Duncan Forbes Mitchell 
of Thainstoun, and had a numerous family. Henry David, her sixth son, 
married his cousin, Margaret Fraser of Fraserfield, eldest daughter and heiress 
of his uncle Alexander. 

4. Hugh, } 

5. Anna Alexia, > died in infancy. 

6. Eachel, ) 

7. Alexander, who succeeded his brother William. 

8. Henry David, born 27th April 1762, who was an officer in the British 
army, and a Brigadier- General in the Portuguese service. He married, on 
the 6th October 1800, Mary Christina, daughter of John Forbes of Skellater, 
senior general in the Portuguese service, Governor of Bio Janeiro, and Knight 
Grand Cross of the Order of Avis in Portugal, and of Charles ill. in Spain, 
and died in 1810, leaving issue — 

VOL. II. u 



154 APPENDIX OF CADET FAMILIES. 

William John, born 11th June 1801, died unmarried. 

Sophia Mary Jane, born 8th December 1802, married Count HenrT 

Francis Bombelles, and has issue. 
John Henry David, born 27th December 1803, died unmarried. 
Margaret Alexia, born 18th June 1805, married the Marquis de 

Garzallo. 
Mary Ann, born 1st February 1807, died 17th May 1877, unmarried. 
9. Kennedy, born 20th June 1763, died in 1819 unmarried. 

10. Hugh, born 26th September 1764, who became Eector of Woolwich. 
He married, 25th June 1803, Miss Lloyd, and died in 1837 having had issue — 

Erskine William, born 11th January 1806, died young. 

11. Erskine, born 23d June 1766, served in the 71st regiment, became 
colonel of the 109th regiment, acquired the property of Woodhill, in Aber- 
deenshire, and died on the 21st January 1804. He married, 3d May 1794, 
Elizabeth, daughter of Thomas Forbes of Ballogie, and had issue — 

Kachel, born 4th May 1795, died 25th October 1797. 
William, born 21st November 1796, who succeeded to Woodhill, 
served in the 43d Light Infantry, became colonel in the army, 
married, in 1833, Mary Elizabeth Shuttleworth, and died in 1872, 
leaving issue a daughter, Elizabeth. 
William Fraser, the eldest son, born on the 14th December 1752, at his 
father's decease in 1788 succeeded to Fraserfield, but did not enjoy the estate 
for a whole year, as he died on the 25th October 1789. He was unmarried, 
and the succession devolved upon his next brother. 

Alexander Fraser of Fraserfield, born 8th January 1761, who was in the 

service of the East India Company. On the 20th April 1795, he married 

Mary Christina, eldest daughter of George Moir of Scotstoun, in the county 

of Aberdeen, and dying 18th July 1807, left issue four daughters — 

Margaret, who succeeded her father in Fraserfield. 

Eachel, born 2d March 1798, married William Maxwell, Esquire, 

and died in 1867, leaving issue. 
Katherine Isabella, born 2d November 1799, died in 1867, unmarried. 
Mary, born 2d January 1802, married, in 1825, William Urquhart of 
Craigstoun, and died in 1873, leaving issue. 



THE FRASERS OF LONMAY AND OF PARK. 155 

Margaret Eraser of Fraserfield, the eldest daughter, was born on the 6th 
July 1796, and succeeded to that estate on the death of her father in 1807. 

' On the 2 7th of May 1816, she married her first cousin, Henry David Forbes, 
sixth son of Duncan Forbes Mitchell of Thainstoun, by whom she had issue. 

At her death in 1839, her eldest son, Duncan Forbes, succeeded to the 
estate, the name of which has been altered from Fraserfield back to its 
original and more euphonious title, and the family of Fraser of Fraserfield 
merged in that of Forbes of Balgounie. 

THE FRASERS OF LONMAY. 

The Honourable James Fraser, third son of William, eleventh Lord Saltoun, 
bought the house and estate of Lonmay, in the parish of that name, from the 
Honourable Patrick Ogilvie, brother to the Earl of Findlater, in the year 1718, 
and died on the 10th August 1729. 

He married Lady Eleanor Lindesay, daughter of Colin. Earl of Balcarres, 
and they had an only son, William Fraser, a cornet in Lord Stair's regiment 
of dragoons, who was killed, or died abroad, under age, and unmarried. 

Lady Eleanor, survived her husband, and acquired right to the estate at a 
judicial sale. She disponed it to William Moir of Whitehills and his son 
William on the 7th December 1731, and she died in 1735. 

THE FRASERS OF PARK. 

Although not descended from Philorth on the father's side, the Frasers of 
Park became so closely connected with that family, that some notice of them 
is proper in these pages. 

William Fraser, factor to the Lord Saltoun of that day, purchased the 
small estate of Park, lying about five miles south of Fraserburgh, from John 
Jaffray, at Craigellie, in 1766. 

No trace of his origin remains, but from his posterity bearing the arms 
of Lovat, he probably was a member of some cadet family of that branch, who 
had come from the Highlands to seek his fortune. 

He married Catherine, daughter of John Gordon of Kinnellar, by his wife 
Henrietta Fraser, second daughter of William, eleventh Lord Saltoun (and 



156 APPENDIX OF CADET FAMILIES. 

sister of Eleanor Gordon, who was the wife of the fourteenth Lord), and by 
her had, at least, two sons and two daughters, between the latter of whom he 
left the estate of Park. Of these, the elder, Henrietta, married John M'Bean, 
Esq. of Jamaica, and died without issue ; the younger, Eleanor, died unmarried. 

George Eraser, the eldest son, became a prosperous and affluent merchant 
in London, and although married, had no issue. He bought the estate of 
Park from his sisters, generously paying them a price far above its actual 
value, and, at his death on the 2d November 1837, he left it to his eldest nephew. 

John Fraser, the second son, born in 1759-60, entered the army in 1778, 
and became a general officer, and Knight Grand Cross of Hanover. He 
served on board the " Defence," under Sir George Eodney, which ship, in 
the general action of the 16th June 1780, took the Spanish admiral's ship, the 
" Phcenix," of superior force. He served at Gibraltar during the famous siege 
of 1800-2, at which time he had attained to the rank of colonel, and was 
twice severely wounded, once by a splinter, and again by a cannon-ball, 
which carried off his right leg. In 1804, when in command on the coast of 
Africa, he was attacked by a very superior force, and at last obliged to capi- 
tulate, but not until the loss inflicted upon the enemy exceeded the numbers 
of the British force at the commencement of the attack. 

Sir John Fraser was appointed Lieutenant-Governor of Chester Castle in 
1828, which post he retained until his death on the 14th November 1843, in 
his eighty-fourth year. 

He was the beau-ideal of an honourable, upright, chivalrous soldier, and 
his memory is affectionately cherished by the writer of this history, his god- 
son, to whom he showed unvarying kindness. 

He married, first, on the 15th April 1790, Evorilda, daughter of James 
Hamer, Esq. of Hamer Hall, Lancashire, and by her had one son and three 
daughters — 

William James. 

Catherine, married William Colgrave, Esq. of Branbridge and Mere Hall, 
Lancashire, and has issue. 

Evorilda, married General Chesney (Euphrates expedition), and died on 
the 21st November 1840, without issue. 

Eleonora, died unmarried. 



THE FRASERS OF BROADLAND AND OF HOSPITALFIELD. 157 

He married, secondly, about three years before his death, Miss A'Court, 
but had no issue by her. 

William James Fraser, only son of Sir John Fraser, succeeded his uncle, 
George Fraser, in the estate of Park. He married Mary Anne, daughter of 
Eobert Cumming, Esq. of Logie, in Morayshire, by his wife, Leslie Baillie 
(the "Bonnie Leslie" of Burns), and died on the 8th August 1838, having 
had issue two sons and four daughters — 

(1.) George Fraser. (2.) A son, died in infancy. 

(3.) Leslie Anne, married the Bev. Edward Whately, son of the Arch- 
bishop of Dublin, and died in 1868, leaving issue. 

(4.) Grace Louisa, married Thomas Gilzean Eose Innes, Esq. of Netherdale, 
in Banffshire, and has issue. 

(5.) Eliza, died on the 30th June 1842, unmarried. 

(6.) Evorilda Eliza Maria, married John Glass Gordon Stuart, lieutenant, 
42d Highlanders, and has issue. 

George Fraser succeeded his father in Park. He entered the army, and 
became captain in the 4 2d Highlanders. He married Angusina, daughter of 
Thomas Macdonald, Esq., Fort-William, and died in India on the 27th June 
1862. His wife died on 5th November thereafter, leaving an only son — 

William James Fraser, the present proprietor of Park. 

THE FRASERS OF BROADLAND. 

Nisbet, in his Heraldry, vol. ii Part III. page 15, mentions Fraser of 
Broadland as descended from a sixth son of some proprietor of Philorth, 
evidenced by the " fleur-de-luce " in his arms ; but this descent is very 
doubtful, for no Fraser of Philorth is on record as having had six sons, except 
Sir Alexander, third of Philorth, who died in 1482. 

THE FRASERS OF HOSPITALFIELD. 

In Mr. Ochterlony's monograph of the shire of Forfar, James Fraser of 
Hospitalfleld, who lived 1664-1682, is termed " of the familie of Philorth." No 
record of his descent from that family has been found, but he may have been 
a younger son of one of its cadet branches of Memsie, Techmuiry, or Tyrie. 



158 



ABERNETHY CADETS. 



SIE LAUEENCE ABEBNETHY, 1314-1337, younger Son of 

Sir William, second of Saltoun. 

TN the charter of the lands of Mackyspoffil, granted to the Abbey of 
Melrose by this Sir Laurence Abernethy about 1320-25, he mentions 
" Domino Willelmo de Abyrnethy," his brother, and " Willelmo de Abyrnethy," 
son and heir of the last, his nephew, as two of the witnesses. At first sight 
this would appear to afford evidence of his having been a son of Sir William, 
first of Saltoun, but the date, 1337-8, at which he will be found engaged in 
very active military operations, seems quite inconsistent with his having then 
been of such advanced age as that parentage would require. In Douglas' 
Peerage he is placed as a son of Sir William, second of Saltoun, and it is 
more probable that he was so, and brother to Sir William, third of Saltoun, 
and that his nephew William, mentioned in his charter, died without suc- 
ceeding, which supposition is strengthened by the change of name, George 
having succeeded as fourth of Saltoun ; but the question is one of but little 
importance. 

In the stirring events of the age in which he lived, Sir Laurence Abernethy 
took an active part, and, like many others, seems to have been a some- 
what uncertain partisan, changing sides with much facility ; and it is related 
of him that, in 1314, he was proceeding in command of a body of troops to 
serve in the English army, when, meeting Sir James de Douglas, the friend 
of Bruce, in hot pursuit of Edward II. after the decisive victory of Bannock- 
burn, he made no scruple of joining in the chase of the unfortunate king 
whom he had been marching to assist. 1 

1 Hailes' Annals, vol. ii. p. 56. 



ABERNETHY CADETS. 159 

During the rest of the reign of Eobert I., against whom rebellion was 
no safe venture, Sir Laurence Abernethy remained a quiet and obedient 
subject, and received from the King a grant of the Manor of Lambyrton, near 
Berwick, which had belonged to an Ingram de Guynes ; * but after the death 
of that King, upon the invasion of Scotland by Edward Baliol in 1332, he 
again threw off the mask, and appeared as an ardent supporter of the English 
interest. 

He became a distinguished leader ; and a curious incident in his career is 
mentioned by old Scottish historians. In 1337 he defeated Sir William de 
Douglas, the renowned knight of Nithsdale, five times in one day, but was in 
his turn conquered and taken prisoner by that gallant warrior before night- 
fall. 2 The true version of the story would probably be that the affair was a 
running fight, in which Douglas attempted five times to make a stand, but 
was as often outnumbered, beaten, and forced to continue his retreat, until 
Sir Laurence, having outridden the bulk of his forces in the heat of pursuit, 
was overthrown, and made prisoner in a sixth encounter with more equal 
numbers. 

He soon regained his liberty, and towards the end of 1 338 he was Governor 
of the Castle of Hawthornden, one of his own estates, near Edinburgh, for 
Edward in. 3 

In consequence of his rebellion and persistent adherence to the English 
side, his lands were forfeited ; and David II. made various grants of his 
manors. Hawthornden, in Midlothian, was given to Alexander Eamsay ; 
Muir Hall, in Peeblesshire, to Bryce Blair ; Lambyrton, in Berwickshire, to 
Walter Haliburton ; and Borthwicksheils, in Roxburghshire, to William de 
Lindsay. 4 

From the notice of a charter in Robertson's Index, he appears to have had 
a son named Hugh, to whom his lands were restored by David II., with the 
exception of Lambyrton ; 5 but this son must have died without issue, for the 
lands were eventually divided between co-heiresses, the daughters of Sir 
Laurence, who carried them into other families. 

1 Robertson's Index, p. 4, No. 6. 4 Robertson's Index, p. 54, No. 5 ; p. 56, 

2 Seotichronicon, Lib. xm. cap. xliv. No. 14; p. 57, No. 35 ; p. 116, No. 54. 
Wyntoun, Lib. viii. cap. xxxvi. 

3 Rotuli Scotia;, vol. i. pp. 550-1. 5 Ibid. p. 45, No. 14. 



160 APPENDIX OF CADET FAMILIES. 

SIR JOHN ABERNETHY, 1363-1381, 
Younger Son of Sir George, fourth of Saltoun. 

In 1363 this John Abernethy received a safe-conduct to enable him to 
pass into England and return therefrom, and in the document he is desig- 
nated as valettus to David H. 1 

He also appears as Sir John Abernethy of Balgounie, in Fife, and in 
1367-8 David II. granted £20 worth of land within the royal manor of 
Kinghorn, "dilecto bachillario nostro Johanni de Abernethy," which was 
followed by a second grant of £26 sterling, from the same manor, "Johanni 
de Abernithy, Militi." 2 

He was one of the witnesses to a charter granted by Archibald, third Earl 
of Douglas, to Sir Alexander Fraser, first of Philorth, about 1375-8, 3 and 
he received another safe-conduct in 1381, to enable him to pass through 
England, with six horsemen, on his way to the Holy Land, 4 from whence there 
is no mention of his return. In 1384, Alexander Barclay, son of William 
Barclay of Kerkhou, is called brother (brother-in-law ?) aud heir of a John de 
Abernethy, and if this were he, it shows that he left no posterity. 5 

YOUNGER SONS OF SIR WILLIAM, SIXTH OF SALTOUN. 

Patrick Abernethy was one of the witnesses to a charter granted by 
the Regent Albany to his son, John Stewart, Earl of Buchan, in 1413, and 
is designated by the Regent " nepos noster dilectus," our beloved grandson. 6 
This shows his parentage, but nothing more is known of him. 

John Abernethy received from Sir William Abernethy, dominus de Saltoun, 
a charter of the lands of Kinnaltie, in the barony of Rethie, or Redclie, in 
Forfarshire, which was confirmed by Robert in. 7 

1 Rymer's Fcedera, vol. vi. p. 42S. 5 Antiquities of Aberdeenshire, vol. iii. 

2 Douglas' Peerage, by Wood, quoting Peg. p. 416. 

Mag. Sis., Nos. 49, 61. „ „ , , „ , ,.. , ,. _ 

....... r ,L i u- i • Douglas Peerage, by Wood, quoting Reg. 

3 Antiquities of Aberdeenshire, vol. iv. ° ° J » o s 

1 „ Mag. Sig., No. 2o5. 

p. 114. Philorth Charter-room. 

4 Rymer's Fcedera, vol. vii. p. 337. 7 Robertson's Index, p. 137, No. 1. 



ABERNETHY CADETS. 161 

He was probably the Sir John Abernethy whose name is found as one 
of the witnesses to a charter by Sir Alexander de Seton, Lord of Gordon, in 
1432, 1 but there is no record of his posterity. 

YOUNGEE SON OF THE WILLIAM ABERNETHY 
KILLED AT HARLAW, 1411. 

Oswald Abernethy, who was one of the witnesses to a truce made by 
the Wardens of the Marches with the English in 1449, 2 was in all probability 
a brother of Sir William, seventh of Saltoun, and of Sir Laurence, first Lord 
Saltoun. 

He had a son, John Abernethy, who is mentioned as one of the sub- 
stitutes in the entail contained in the charter received by William, second 
Lord Saltoun ; 3 but there is no further information respecting him. Douglas' 
Peerage calls him " William," by mistake. 



YOUNGER SONS OF SIR LAURENCE, FIRST LORD SALTOUN. 

The names of George Abernethy and Archibald Abernethy appear in 
the charters of tailzie obtained by their elder brother William, second Lord 
Saltoun, and from the mention of his heirs in one of those charters, after his 
death, it would appear that Archibald left issue ; but if so, they cannot be 
traced, and there is nothing more known of George, unless it were he who 
was one of the assize that arbitrated between Alexander Innes of Innes and 
Alexander Symsone, vicar of Aberkerdor, who had a dispute respecting some 
lands in 1493. 4 



YOUNGER SON OF ALEXANDER, FOURTH LORD SALTOUN. 

In the proceedings of a lawsuit between the Laird of Innes and Alexander, 
sixth Lord Saltoun, the name of Laurentius Abernethy is found ; 5 and he 

1 Antiquities of Aberdeenshire, vol. i. p. 556. 4 Antiquities of Aberdeenshire, vol. ii. 

2 Rymer's Fcedera, vol. xi. p. 246. PP ' „ ' 

5 Spalding Club. Family of Innes, pp. 

3 Reg. Mag. Sig., Lib. x. No. 42. 109-11. 

VOL. II. X 



162 APPENDIX OF CADET FAMILIES. 

is termed uncle to the sixth Lord, which is evidence of his having been a 
brother of the fifth Lord Saltoun, but there is no further mention of him in 
any known record. 

YOUNGER SON OF WILLIAM, FIFTH LORD SALTOUN. 

In the year 1543, the Bishop of Aberdeen granted a feu-charter of the 
lands of Byrnes, near Ellon, to Elizabeth Hay, for her lifetime. 1 She was the 
wife of the fifth Lord Saltoun, and their second son was William Abernethy, 
to whom, and to his heirs, the Bishop feued the same lands in fee. From this 
William descended the family of Abernethy of Birnes, which family no 
longer exists. 

YOUNGER SONS OF ALEXANDER, SIXTH LORD SALTOUN. 

There is upon record a protestation made on behalf of Abernethy, 

brother to Lord Saltoun, in 1 587, by his uncle, Robert, the Commendator of 
Deir, to the effect " that the benefit of a pacificatioun and restitutioun granted 
generallie to all persons foerfalted suld onnawyse hurt or prejuge the said 

Abernethy, his sister's son, anent quhatsumever right of title obtenit 

be him or his predecessors of the landis or living of Lessindrum." 2 There is, 
however, no account extant of the way in which that estate was acquired, nor 
can his Christian name, nor anything further about him, be discovered. 

John de Abernethy, third son of the sixth Lord Saltoun, in 1557 received 
from his father the lands of Barre, or Barrie, in Strathisla ; but as the sixth 
Lord was only married in 1550, this gift must have been bestowed when 
John was a mere child. 3 

In the account of Laurence, first Lord Saltoun, it has been seen that he 
was probably the person to whom the Abbot of Deer is said to have granted 
these lands in feu, and they had continued in the possession of successive 
Lords Saltoun until given by the sixth Lord to his third son, John. 

1 Antiquities of Aberdeenshire, vol. iii. p. 4. 

2 Acts of the Parliaments of Scotland, vol. iii. p. 470. 

3 Antiquities of Aberdeenshire, vol. ii. pp. 420, 426. 



ABERNETHY CADETS. 163 

John Abernethy of Barrie had a son — 

Thomas Abernethy of Barrie, who in 1609 got a wadset of the lands of 
Auchincloich from John, eighth Lord Saltoun. He had three sons — 

George Abernethy of Barrie, who had a son, James Abernethy of Barrie, 
whose descendants appear to have held that property until 1722, when it was 
sold to Duff of Crombie. 

James Abernethy, the advocate, mentioned in the account of Alexander, 
ninth Lord Saltoun, who died unmarried. 

Alexander Abernethy, in whose favour his elder brother George resigned 
the wadset of Auchincloich, and who, in 1655, got a heritable disposition 
of that estate from the superior, Gordon of Rothiemay. He acquired 
the property of Mayen by marriage with Isobel, daughter and co-heiress of 
Walter Hacket, and by buying up the share of her sister Elizabeth, wife of 
Archibald Dunbar of Newton ; and he was the person of that name men- 
tioned in the Memoir of Alexander, ninth Lord Saltoun. He died in March 
1683, leaving a numerous family by his wife, Isobel Hacket, who afterwards 
married Alexander Forbes of Blacktoun — 
John, his heir. 

William, ) 

~ > of whom nothing is known. 

George, ) ° 

Joan, married James Moir of Stoneywood. 

Christian, married Sir Alexander Hay of Arnbath. 

Janet. 

Elizabeth, married Hugh Innes, minister of Mortlach. 

Isobel, married Alexander Shand, minister of Inch. 

John Abernethy, second of Mayen, left issue— 

James, his heir. 

Joan, married Dr. William Moir of Spittell. 

James Abernethy, third of Mayen, married Jane Duff. 

He quarrelled, at an election dinner in Aberdeen, with John Leith of 

Leith Hall, and shot him dead in the street. He effected his escape, but was 

outlawed, and died abroad. 

The Earl of Fife obtained a gift of his liferent of Mayen for the benefit of 

Jane Duff and her children. 



164 APPENDIX OF CADET FAMILIES. 

James Abernethy left issue by her — 
James, his heir. 

Jane, married Major Alexander Duff, 68th regiment. 
Isobel, married Lieutenant Graham, 42d regiment. 
Helen. 
James Abernethy, fourth of Mayen, died intestate, without issue, in April 
1785, when Major Duff, husband of the eldest sister, bought up the rights 
of the other sisters, and became Duff of Mayen. 1 

A Patrick Abernethy of Nathirdale, or Netherdale, appears in 1618, as 
tutor or guardian to Alexander, ninth Lord Saltoun, and in 1644 he, or his 
son, was one of the committee of war for the constabulary of Haddington ; 
and an Alexander Abernethy of Nathirdaill was the first witness to the 
sasine of William, fifth Lord Saltoun, and Elizabeth Hay, in the lands of 
Park and Corncairn, in 1537. This family were doubtless cadets of the race, 
but there is nothing extant to show from whom they were descended ; and 
the same may be said of Major Abernethy, who was second in command of 
Edinburgh Castle in 1651, of George Abernethy, one of the committee for 
war in Caithness, 1648, and several more whose names occur at various 
periods. 

1 For this account of the descendants of chest, penes Edward Dunbar Dunbar, Esq. of 
John Abernethy of Barrie, Mayen Charter- Sea Park, Forres. 



165 



THE FRASERS OF CORNETOUN, 
LORDS FRASER. 



SIE ALEXANDER FRASER. 

TN the Eagman Eolls the name of Alexander Fresel appears as having sworn 
fealty to Edward I. at Berwick, upon the 28th of August 1296 -, 1 and in 
the " Historical Documents of Scotland," lately published under the authority 
of the Lord Clerk-Eegister, the submission is given at length, in which 
Alexander Fraser and some others are termed "barones et milites." 2 

It is evident from this that he was a knight in 1296, and this fact at once 
shows him to have been a different person from the son of Sir Andrew Fraser, 
Alexander Fraser, who became Chamberlain of Scotland in the reign of 
Eobert I., for the latter is proved by the clearest evidence not to have been a 
knight when he witnessed the pardon of that monarch to Gilbert de Carrick, 
which could not have been granted before 1308, nor, indeed, when he received 
the charter of Torry from Bernard, Abbot of Arbroath, in 1312. 

In 1306 John de Luc made a request to Edward I. for the lands of Cor- 
uetoun, in Stirlingshire, "que furent a Alex r Fraser," 3 and it is very probable 
that they were the possessions of this individual, and that he was the ancestor 
of the Frasers of Cornetoun ; but a gap of sixty years intervenes, from 1306 
to 1366, during which the descent cannot be followed, nor has anything 
been ascertained respecting his parentage. It is barely possible that he 
may have been one of the Oliver Castle family, but from his holding an estate 
in Stirlingshire, in the neighbourhood of Touch-fraser, it is far more probable 

1 Ragman P^olls, p. 119. 

2 Historical Documents of Scotland, vol. ii. p. 68. 

3 Palgrave, p. 303. 



166 THE PKASERS OF CORNETOUN, LORDS FRASER. 

that he was a cadet of that family, and perhaps a younger brother of Sir 
Richard Fraser. 

Barbour mentions a Sir Alexander Fraser as one of those taken prisoner 
at the battle of Methven in 1306. 1 It is doubtful whether he refers to this 
Alexander or to the younger individual of the same name, the Chamberlain ; 
but if it were the former that then fell into the hands of his enemies, he pro- 
bably was put to death by order of Edward I., for his name is not found in 
any later record than the demand of John de Luc for Cornetoun, the wording 
of which might imply that he was dead. 

In 1366 a Thomas Fraser exchanged his lands of Petyndreich, in 
Stirlingshire, for those of Kinmundy, in the barony of Alden, in Aberdeen- 
shire, belonging to Sir William de Keith, the Marischal, 2 but died before 1392, 
for in that year he is mentioned as the late Thomas Fraser in a charter by 
the Marischal and his wife, Margaret Fraser, dealing with those lands. 3 

He was probably the same person as Thomas Fraser of Cornetoun, whose 
name occurs in various documents during 1387-88, and who was associated 
with Sir Alexander Fraser of Philorth, the Sheriff of Aberdeen, John Fraser 
of Forglen, and others, in the settlement of a dispute between Adam de 
Tynninghame, Bishop of Aberdeen, and John, dominus de Forbes. 4 

His grandson, Thomas Fraser, exchanged the estate of Cornetoun, in 
Stirlingshire, for Stanywood and Muchalls, in Aberdeenshire, and thus 
transferred the whole interests of his family to the latter district. 5 

The Frasers of Stanywood, Muchalls, and Kinmundy continued to nourish 
until the year 1633, when their representative, Andrew Fraser, was raised to 
the peerage by Charles I., under the title of Lord Fraser, which continued in 
his descendants until it became extinct on the 12th of October 1720, by the 
death of Charles, fourth Lord Fraser (killed by a fall from a precipice near 
Banff), without issue, or leaving collateral heirs-male ; when the estate of 
Muchalls, by his disposition, passed to Charles Fraser of Inverallochy, which 
family is now represented, through a female, by Lieutenant-Colonel Mackenzie 
Fraser of Castle Fraser. 

1 Spalding Club. The Bruce, p. 40. 4 Antiquities of Aberdeenshire, vol. i. p. 

2 Spalding Club Miscellany, vol. v. p. 404. 511; vol. iv. p. 37S. 

3 Ibid. p. 319. 5 Charter-room, Castle Fraser. 



167 



THE FRASERS LORDS LOVAT. 



TN consequence of the paucity of authentic records respecting its earlier 

generations as yet discovered, considerable doubt has arisen as to the 
immediate ancestry of this noble family, which not only attained to great 
power and eminence, but also became so prolific as to include in its ranks 
nearly all of the name of Eraser at the present day. 

This doubt has been the cause of various lines of descent having been 
brought forward for it, of which those related in old MS. memoirs of the 
family, and by the earlier genealogists, appear to have been embodied in a 
work called, for the sake of brevity, " The Annals of the Erasers," first printed 
in 1795, and published in 1805, by authority of Colonel Archibald Eraser of 
Lovat. 

The patronymic " Mac Shimi," son or descendant of Simon, by which the 
family of Fraser of Lovat has been known among the Celtic population of the 
Highlands, where it settled, affords good reason for the inference that its ' 
immediate ancestor was a Simon Fraser ; and the author of " The Annals of 
the Frasers " declares him to have been Sir Simon Fraser, Pater, and that he 
obtained Lovat in 1253. 

It is scarcely necessary, however, to enter upon any refutation of the 
numerous inaccuracies in that work. The pretended charter of the lands of 
Lovat from King Alexander in., in 1253, to Sir Simon Fraser, Pater, and that 
from Donald, King of the Isles, to John Bisset, in 1245, printed in its pages, 
have long been stamped as forgeries, and this, with other facts, seem to have 
rendered more recent genealogists unable to support the hue of descent put 
forward in The Annals. 

Mr. Wood, the editor of the second edition of Douglas' Peerage, and 



168 THE FRASERS LORDS LOVAT. 

Mr. Anderson, the author of the " History of the Family of Fraser," puhlished 
in 1825, have therefore, with much probahility, named Sir Simon Fraser, killed 
at Halidon in 1333, as the immediate ancestor of the family of Lovat. 

Mr. Anderson's assertion, made upon his own sole authority, that Sir 
Simon was the elder brother, and Sir Alexander, the Chamberlain, the younger, 
has been already dealt with in the memoirs of those individuals in the pre- 
sent work ; while Mr. Wood, by retaining the old idea of Sir Alexander 
Fraser, the Chamberlain, having been younger brother of Sir Simon Fraser, 
Filius, so hampered himself that he was unable to call Sir Simon Fraser, killed 
at Halidon, brother to that Sir Alexander, but, while asserting his descent 
from the Oliver Castle line, was obliged to say that " his precise relationship 
to them cannot be ascertained." 

The first of the name whose possession of Lovat is confirmed by authentic 
record was 

Hugh Fkasek, Dominus de Lovat et de Kinnell. 
1367-1410. 

The editor of Douglas' Peerage ignores the Simon Fraser, eldest son of 
Sir Simon Fraser, killed at Halidon, whom Mr. Anderson, with more proba- 
bility, mentions ; but both concur in calling the first Hugh Fraser of Lovat 
his son, and in this they follow the author of the Annals of the Frasers : but 
although there is no actual impossibility of such having been the case, from 
the dates at which each lived, some evidence, which will be immediately 
noticed, appears to cast much doubt upon the correctness of the statement. 

This evidence is found in the impression of that Hugh Fraser's armorial 
seal, which is still extant, appended to charters granted by him in 1377 and 
about 1390, and seems to throw considerable light upon his parentage. 

Leaving, therefore, for a time, the account of him and his possessions, the 
armorial bearings upon that seal may be considered. 

The device upon the seal is couche, a triangular shield bearing three 
rosettes, or cinquefoils, within a border charged with nine stars, or mullets. 
The crest, on a helmet, is a stag's head, and the supporters are two lions 
rampant regardant. The inscription around the seal is somewhat defaced, but 
" Sill, h . . . (Hugonis) Fraser " is still to be deciphered. 



THE FRASERS LORDS LOVAT. 169 

The border, charged with figures, was used to distinguish younger sons, 
and according to Nisbet, the best of Scottish writers upon Heraldry, the 
figures were often taken from their mother's insignia ; and the arms upon 
the shield in Hugh Fraser's seal, read by that authority, plainly declare 
it to have been that of a younger son of a father whose name was Fraser, 
by a mother who belonged to a family having stars, or mullets, for its 
cognisance. 

Stars, or mullets, were the armorial bearings of two great families in 
Scotland, those of Douglas and of Moravia, or Moray. No connection with 
the former can be traced prior to the fifteenth century, but between the 
family of Moray and that of Fraser two connections by marriage took place 
towards the middle of the fourteenth century, — one the union of Sir Wil- 
liam Fraser of Cowie and Durris with Margaret Moray, a daughter of Sir 
Andrew Moray of Bothwell; the other that of Alexander Fraser with a 
sister of Sir Thomas Moray of Bothwell, who, therefore, was also a daughter 
of Sir Andrew Moray. 

Hugh Fraser is, however, nowhere mentioned as a brother of Sir Alex- 
ander Fraser of Cowie, Durris, and Philorth, or of Sir John Fraser of Forglen 
and Ardendracht, the two sons of Sir William Fraser and Margaret Moray, 
and there is no reason for supposing him to have been so. 

It is evident, according to the authority of Nisbet, that a person, bearing 
on his shield a border charged with mullets, could not have inherited such a 
device either from a daughter of an Earl of Caithness, or a daughter of an 
Earl of Boss (Sir Simon Fraser's wife according to the author of the Annals), 
whose families bore no such insignia; but the arms upon the shield are 
exactly those which a younger son of the Alexander Fraser who married 
a lady of the family of Moray would be entitled to bear ; and it therefore, 
appears probable that Hugh Fraser was the offspring of the second of the 
two marriages mentioned above, and if it be held that he was a descendant 
of Sir Simon Fraser, killed at Halidon, the name of his father Alexander 
ought to be inserted in the pedigree as younger son of Sir Simon, and 
younger brother of the Simon Fraser who, according to Mr. Anderson, died 
unmarried, which there seems no reason to doubt. 

In that case this Hugh Fraser was not son, but grandson of Sir Simon 
' VOL. II. Y 



170 THE FRASERS LORDS LOVAT. 

Fraser killed at Halidon, and failing the line of any elder brother of his own, 
he, or his heir, would become the representative of that branch of the race. 

In the account of Sir Alexander Fraser, third of Philorth, the probability 
that he and the then Lord Lovat, who made mutual entails in 1464, were not 
only nearest cousins to each other by legitimate male descent, but that the 
two families were the only legitimate male descendants of their common 
ancestor, Sir Andrew Fraser, in existence at that date, has been already 
noticed. 

The armorial bearings of this first Hugh Fraser, however, evince that he 
was a younger son, and it is therefore certain that the line of some elder 
brother must have failed by that time to cause the representatives of the 
respective families in 1464 to be nearest of kin to each other, and that 
line ought to appear under certain conditions. 

1st, It ought to have held a position of importance. 

2d, It ought to have borne cousinhood to the family of Philorth. 

3d, It must be shown to have become extinct in the male line before 1464. 

The family of Duncan Fraser of Tulifour completely fulfils these three 
conditions, as a reference to the account of it will show, for Duncan himself 
must have been a wealthy and powerful baron ; but his son Alexander, who in 
1414 was cousin to John Fraser of Ardendracht, and consequently to the line 
of Philorth also, had lost all his family estates, and so far as can be ascer- 
tained, was the last male of his race. 

What is known of the career of this Hugh Fraser may now be related. 

In 1367 a Hugh de Fraser, 1 without designation of any kind, was a wit- 
ness to a charter granted by Sir Walter de Leslie, at Inverness, to Euphame 
de St. Clair, 2 and on the 12th of September in the same year Hugh Fraser, 
designated as "dominus de Lowet et portionarius terrarum de Ard," did 
homage at Elgin to Alexander, Bishop of Moray, for his part of the half 
davoch land of Kyntallergy (Kiltarlity), and of the lands of Esse, and for 
certain fishings in the water of Forn 3 (the river Beauly) ; and in 1384 an 
agreement was made between the same parties, by which Hugh Fraser paid 

1 The insertion of the " de " must be a clerical error. 

2 Antiquities of Aberdeenshire, vol. ii. p. 3S4. 

3 Reg. Episc. Morav., No. 2S6. 



THE FRASERS LORDS LOVAT. 171 

to the Bishop a certain sum for arrears upon his own account, and undertook 
to use all diligence to recover what was due to the Bishop for the portion of 
Kyntallergy, and Esse, etc., held by William de Fentoun. 1 

In 1377 Hugh Fraser, dominus de Lowet, resigned the lands of Fayrele- 
hope, in the barony of Linton and sheriffdom of Peebles, into the hands of 
James de Douglas, Lord of Dalkeith and Linton, of whom he held them, who 
granted them to Adam Forster, to be held by him for homage and service, as 
Hugh Fraser had held them before his resignation. 2 

At the coronation of Bobert n. in 1371, the name of Hugh Fraser appears 
among those of the barons that had not then attained to the rank of knight, 
who did homage and swore fealty. 3 

Hugh Fraser, dominus de Kinnell, in 1390, at Inverness, gave a charter 
of lands in the barony of Kinnell to Walter Tulloch, and he also granted 
another, without date, but probably about that period, to William de Camera, 
dominus de Auchnawys, in the same barony, which is situated in Forfarshire. 4 
In 1394 Thomas Dunbar, Earl of Moray, made an agreement with Alex- 
ander, Lord of the Isles, respecting the lands of the earldom within the 
district of Inverness, from which the estates of Hugh Fraser, Thomas de 
Cheshelme, and William de Fodryngham were excepted, as being subject to 
an arrangement between those barons themselves. 5 

In his History of the Family of Fraser, page 51, Mr. Anderson, quoting 
MSS. in the Advocates' Library, says — " Hugh Fraser of Lovat died at Lovat 
1397, and was interred at Beauly with great pomp," and, on the same 
authority, he states that his son Alexander was served heir to him in 1398. 
But he appears to have fallen into some confusion on this point, for at page 
49 he had previously quoted the charter of 1407, which will immediately 
be noticed, and as the Hugh Fraser of that date was certainly succeeded 
by an Alexander, it is beyond doubt that the authors of the mss. were 
mistaken as to the date of his death, and that it was the first Hugh Fraser, 
dominus de Lowet et de Kinnell, who, in 1407, gave a charter of the lands 
of Easter Breky, in the barony of Kinnell, to his cousin Peter de Stryveline 

1 Reg. Episc. Morav., No. 166. 4 History of the Caraegies, Earls of South- 

2 Reg. Hon. de Morton, vol. ii. No. 157. esk, by William Fraser, pp. 497, 498. 

3 Acts of the Parliaments of Scotland, 

vol. i. p. 181. 5 Reg. Episc. Morav., No. 272. 



172 THE FRASERS LORDS LOVAT. 

and his son John. 1 But as -he is termed the late Hugh Eraser of Lowet in the 
confirmation of this charter by Eobert, Duke of Albany, in 1410, 2 it is evident 
that he died between those years. This Hugh is the first Fraser in whose 
possession the baronies of KinnelL in Forfarshire, and Lovat, in Inverness- 
shire, with the lands in the Ard, are found, and it may be interesting to 
consider by what means these properties were acquired by a Fraser, though 
the materials for any such inquiry are unfortunately very meagre. 

During the first half of the thirteenth century John Bisset was dominus 
de Loveth (Lowet or Lovat), and of the district in Inverness-shire called the 
Ard, together with other possessions in Boss and elsewhere ; and there are 
charters granted by him, and agreements between him, his son and successor 
of the same name, and the Bishops of Moray respecting these, down to 1259, 3 
about which time John Bisset; the son, appears to have died, leaving one son, 
a third John Bisset, who died without issue in or before 1268, when the 
estates seem to have been divided between his three sisters, co-heiresses, 
two of whom, Muriel and Cecilia, married, respectively, Sir David de Graham 
and Sir William de Fentoun, while a third, Elizabeth, seems to have been 
the wife of a Sir Andrew de Bosco, and to have had a daughter, Maria, who 
married Hugh de Bose, and brought him the estate of Kilravock ; and the 
rights of a powerful family that took the surname of de l'Arde sprang either 
from a fourth or from the de Fentoun family, which rights eventually passed 
to the name of Chisholm. 4 Sir David de Graham's wife may have been the 
eldest sister, for he is mentioned in various documents during the last thirty 
years of the thirteenth century as dominus de Loveth, which estate he pro- 
bably held in chief of the Crown ; and he was, at the same time, portioner 
with Sir William de Fentoun in the lands of the Ard, and with him held 
the church lands of Kyntallergy (Kiltarlity), the lands of Esse, and some 
fishings in the water of Forn (the river Beauly), of the Bishops of Moray, 
doing homage to that see for them. 5 

But the lands and properties thus held by Sir David de Graham from the 

1 Robertson's Index, p. 165, No. 2. Batten, Esq., who, at p. 85, makes a sugges- 

2 Reg. Mag. Sig., Roll 12, No. 2. tion as to the descent of the family of Forbes 

3 Reg. Episc. Morav., Nos. 21, 34, 71, 72, from that of de FArde, which is worth the 
75, 122, 258. attention of members of that race. 

4 History of Beauly Priory, by E. Chisholm 6 Reg. Episc. Morav., Nos. 123, 124. 



THE FRASERS LORDS LOVAT. 173 

see of Moray were identical with those for which- Hugh Fraser, dominus de 
Lowet, did homage to Alexander, Bishop of Moray, in 1367, — Sir William de 
Fentoun of Beaufort and Alexander de Chisholm also doing homage for their 
portions, the former in 1359, the latter in 1368. 

Sir David de Graham was one of the Scottish barons released from 
captivity in England on condition of serving King Edward I. in his war with 
France in 1297, and he appears to have died abroad, for that king granted 
the " maritagium " of his son Patrick to Bobert de Felton on the 17th May 
1298, 1 which would infer the father to be dead, and the son under age ; but 
as Patrick de Graham of Lovat made an agreement with Archibald, Bishop 
of Moray (who died 5th December 1298), respecting the subjects in which 
he, as successor to his father, and Sir William de Fentoun were portioners, 
it would seem that he attained to majority during that year. 

Patrick de Graham granted a charter of his part of the lands of Altre, 
with the multures of Lovat, Fingask, and Donaldston, to the monks of Beauly, 
not later than 1325, in which year Thomas, Bishop of Boss, one of the 
witnesses, died. 2 

He is also named in a mandate from King Edward in., of date 4th March 
1334, for the restoration of the third part of the "vills" of Sempring, 
Dalton, and Merton, in Berwickshire, to Thomas de Weston, which had been 
given to his father, John de Weston, by " Patricius de Graham de Lovet," 3 
and as he is not styled " quondam " (the late), but is spoken of as a living 
man, it may be inferred that he was still in existence. 

This, however, is the latest notice as yet discovered of any Graham in 
connection with Lovat, and although it is possible that forfeiture may have 
been incurred by that family, and Lovat granted to a Fraser, there is no 
record of such an event ; and Hugh Fraser having also held the other posses- 
sions, which the Grahams, father and son, possessed as portioners with Sir 
William de Fentoun, and those for which they were feudatory to the see of 
Moray, renders it far more probable that it was a marriage with the heiress 
of Lovat that brought the whole into the Fraser name. 

1 Historical Documents of Scotland, vol. ii. p. 271. 

2 Charter printed in History of Beauly Priory, p. 78. 

3 Rotuli Scotia?, vol. i. p. 269. 



174 THE FKASEES LORDS LOVAT. 

There is, however, no ground for considering the marriage thus suggested 
to have been that of Sir Simon Fraser, either with Margaret, daughter of an 
Earl of Caithness, or with Julia, a daughter of an Earl of Eoss, or that of 
Alexander Fraser with a daughter of Sir Andrew Moray of Bothwell ; and, 
indeed, as Hugh Fraser was a younger son, any elder brother of his would 
have been more likely to inherit property acquired by their father or grand- 
father, and therefore the conclusion appears reasonable that it could only 
have been Hugh Fraser himself who contracted the marriage, and thus 
acquired Lovat and the other estates in Inverness-shire, and the appearance 
of his name without any designation as a witness to Sir Walter de Leslie's 
charter in 1367, while on the 12th of September in the same year he is 
found as " dominus de Lowet et portionarius terrarum de Ard," seems to 
point to the actual period of that acquisition. 

There is even less information to be found as to the time at which, or the 
way in which, this branch of the race obtained the barony of Kinnell, in 
Forfarshire. 

Hugh Fraser was dominus de Kinnell in or about the year 1390, and is 
the first of the name found in that position ; but in the charter which he gave 
to William de Camera, he says that for stronger evidence and additional secu- 
rity, the seal " domini mei " John Dunbar, Earl of Moray, is also affixed. The 
seal of the Earl of Moray shows, Couchd, a shield bearing three cushions within 
the royal tressure ; crest, a stag's head ; supporters, two lions sejant regard- 
ant ; Hugh Fraser's crest was the same, and he probably adopted it from 
that of his feudal superior, as was not unusual. 

The Dunbars, Earls of Moray, were, therefore, overlords of Kinnell, and 
this branch of the Frasers held that estate of them about the year 1390, 
though, from the absence of all earlier record respecting it, the time at which 
it passed into the possession of the former, and whether it was granted by 
John Dunbar, Earl of Moray, to Hugh Fraser himself, or by a former Earl to 
one of Hugh's predecessors, cannot be ascertained. 

Attention may now be directed to the four generations of the family of Lovat 
immediately succeeding the above Hugh Fraser, with the view of correcting 
some errors into which genealogists appear to have fallen respecting them. 

The comparatively modern genealogists who have given the most detailed 



THE FRASERS LORDS LOVAT. 175 

accounts of the family are Mr. Wood, the editor of the second edition of 
Douglas' Peerage, and Mr. Anderson in his History of the Family of Eraser ; 
but as each account differs from the other in some degree, while both are 
wrong in several points, a brief resume of the main statements in each is 
necessary. 

In the Peerage, Hugh Fraser, who died in or before 1410, is said to have 
left four sons, of whom the eldest, Alexander, died in 1430 unmarried, and 
was succeeded by his brother Hugh, which Hugh married Janet de Fentoun 
in 1416, and had an only son, also named Hugh, who succeeded him, and 
who, dying about 1501, was succeeded by his eldest son, Thomas. 1 It is not 
explained how the second Hugh Fraser, who was possessor of Lovat when 
married to Janet de Fentoun in 1416, came to be so while Alexander, said to 
have been his elder brother, was still living. 

The account given by Mr. Anderson is rather confused, but the following 
statements may be extracted from it : 2 — 

That Hugh Fraser, who died between 1407 and 1410, was succeeded by 
his eldest son Alexander, who died unmarried in 1415, when his younger 
brother Hugh succeeded him. 

That this second Hugh Fraser married Janet de Fentoun in 1416, and 
had two sons, Alexander the elder, and Hugh the younger, and died in 1440. 

That Alexander the elder son died in 1430, unmarried, and was succeeded 
in some lands in the Ard, Abertarf, Glenelg, etc., by his brother Hugh, who 
also succeeded to Lovat at their father's death in 1440. 

That this third Hugh Fraser died in 1450, aged twenty-eight, having had 
an eldest son Thomas, who was prior of Beauly ad commcndam, and died 
young ; and a secoiid son, Mr. Anderson's fourth Hugh Fraser, who died in 
1501, and was succeeded by his eldest son Thomas. 

In support of his statement, Mr. Anderson quotes the retour in 1430 of 
Hugh Fraser of Lovat to his brother, Alexander Fraser of Lovat, in lands in 
the Ard, Abertarf, Glenelg, etc. ; but he misquotes the retour by using the 
nominative " lator," instead of the genitive " latoris," and thereby commits 
the absurdity of terming the dead Alexander "lator presencium;" and he 

1 Douglas' Peerage, second edition, vol. ii. — Lord Lovat. 

2 History of the Family of Fraser, pp. 51-69. 



176 THE ERASERS LORDS LOVAT. 

also says, on the authority of MS. histories of the family, that his fourth Hugh 
Fraser was retoured to his father in 1450, and died in 1501, " in good old age, 
after witnessing the government of two Eegents and four Kings," and was 
succeeded by his eldest son Thomas. 

The names of some younger sons mentioned in the Peerage, without any 
authority for them being given, and of some younger sons and daughters, 
named by Mr. Anderson without much better authority, are omitted, as 
having no bearing on the question of succession, and the circumstances which 
evince both the above genealogies to be erroneous in several points may now 
be detailed. 

In the first place, Alexander Fraser, eldest son of the first Hugh Fraser, 
according to both genealogies, who must have died before 1416 to enable the 
second Hugh, married to Janet de Fentoun in that year, to be Lord of the 
Lovat at the time (he is so styled in the contract), was not unmarried, for the 
Regent, Eobert, Duke of Albany, gave a charter of confirmation of Kinnell to 
Alexander Fraser and his wife, Elizabeth de Keith. 1 

Secondly, The second Hugh Fraser of both genealogies, Lord of Lovat and 
Kinnell, married Janet de Fentoun in 1416, was a member of a Court of the 
Earldom of Moray in 1420, was one of those who went into England, to meet 
and welcome King James I. in 1424, was Sheriff-depute of Inverness in 1429, 
and Sheriff of that district in 1431. 2 

But the Hugh Fraser of Lovat who in 1430 succeeded his brother, 
Alexander Fraser of Lovat, in some lands in the Ard, Abertarf, Glenelg, 
etc., held of the Earl of Moray, was of full age, a fact overlooked by Mr. 
Anderson. It is so stated in the retour, " et est legitime setatis," 3 and he 
therefore could not have been a son of the marriage of the second Hugh 
Fraser in 1416, but must have been that Hugh Fraser himself. 

But then, again, as he succeeded a brother Alexander in those lands in 
1430, and the retour is explicit on that point, it is absurd to suppose that 
the Alexander whom he had succeeded in the lordship of Lovat and Kinnell 
before 1416 was also his brother. 

1 Robertson's Index, p. 159, No. 2. Family of Fraser, p. 62. Family of Kil- 

2 Reg. Mag. Sig., Lib. iii. No. 95. Reg. ravock, p. 128. 
Epise. Morav., No. 475. Rymer's Fcedera, 

vol. iv. part iv. p. 102. History of the 3 Reg. Mag. Sig., Lib. iii. No. 94. 



THE FRASERS LORDS LOVAT. 177 

The only reasonable conclusion from these data is, that his succession in 
1430 was that of an elder brother to a younger brother, dying -without issue, 
in lands acquired by himself, — by conquest (as legal phraseology has it), and 
that he and his brother Alexander were sons of the Alexander Fraser of 
Lovat and Kinnell, who died before 1416, and consequently grandsons of the 
first Hugh Fraser. 

Thirdly, The Peerage is not only silent as to the date of the death of the 
second Hugh Fraser, whose only son and successor it makes the Hugh 
Fraser who died in 1501 to have been, but from 1431 to 1472 it gives no 
account whatever of the family. Mr. Anderson's authorities for his account 
of this period have been already mentioned. 

Evidence is, however, extant, which proves that a Thomas Fraser was in 
possession of Lovat from 1440 to about 1456. He is not mentioned in the 
Peerage ; and by Mr. Anderson he is said to have been the eldest son of his 
third Hugh Fraser, and to have died young, without succeeding. 

Hugh Fraser, the second of that name, was alive down to 1437 of the 
present computation, for on the 8th of January 1436-7, he granted a charter 
of the third part of the lands of Glenelg to Alexander, Lord of the Isles, and 
Earl of Boss; 1 but he must have died before the 20th of July 1440, when 
Thomas Fraser, Dominus de Lovet, was a witness to a charter from the same 
Lord of the Isles and Earl of Boss, granted at Inverness to Hugh de Eose of 
Kilravock. 2 

The death of this Thomas Fraser of Lovat before the 22d of September 
1456 is proved by an account for the previous half year, rendered on that 
day by Master David Stewart, afterwards Bishop of Moray, but at that time 
the King's Chamberlain for the districts north of Spey, who mentions certain 
dues from lands in the Ard, Strathglas, Abertarf, and Strathardok [Stratherrick], 
which had been held of the Earl of Moray before the reversion of that earldom 
to the Crown in 1455, but were then in the hands of the King, as superior, on 
account of the death of the late Thomas Fraser of Lovat. He also refers to 
some rents of lands in Invernairn, which had belonged to the same Thomas 
Fraser; and in a similar account, rendered on the 19th of July 1457 by 

1 Family of limes, by Mr. Cosmo Innes, p. 97. 
- Family of Rose of Kilravock, edited by Mr. Cosmo Innes, p. 131. 
VOL. II. Z 



178 THE FRASERS LORDS LOVAT. 

William, Thane of Cawdor, and Master Thomas de Carmichael, from Martin- 
mas 1456, it is mentioned that the King had granted the ward of those pro- 
perties, together with the maritagium of the heir to them, to Lord Glamis. 1 

There is, therefore, no place for Mr. Anderson's third Hugh Fraser 
between 1440 and 1450, and the retour in the last of these years, which he 
mentions on the authority of MS. histories, must have been misread by their 
authors, if it ever existed. 

The above Thomas Fraser must have been the son of Hugh Fraser and 
Janet de Fentoun, and was probably the subject of the contract of marriage 
between his father and Thomas Dunbar, Earl of Moray, on the 9th August 
1422, to the effect that he should marry a daughter of the Earl, 2 but the 
marriage appears never to have been solemnised, in all probability on account 
of the death of the Earl's daughter, if he ever had one, for the Earl himself 
was succeeded by his cousin, James Dunbar of Frendraught, before 1430. 3 
No evidence as to the name or family of Thomas Fraser's wife has been 
discovered. 

As Hugh Fraser, third of that name, who succeeded Thomas Fraser about 
1456, was a minor at that time, he could not have been born before 1436. 
The statement in the "Wardlaw MS., quoted by Mr. Anderson, that this Hugh 
witnessed the government of two Eegents and four Kings, is, however, worth 
attention ; and if he were born in the year 1436, as he died in 1501, he would 
have lived in the regencies caused by the minorities of James II. and James III., 
and in the reigns of the first four Kings of that name. There seems no 
reason to doubt his having been a son of Thomas, his predecessor (though it 
is possible that he might have been his younger half-brother, by a second 
marriage of the second Hugh Fraser), and from the manner in which his name 
appears in a contract of marriage, dated 20th May 1455, between George, 
Master of Huntly, and Elizabeth, Countess of Moray, the widow of Archibald 
Douglas, where provision is made for the safety of " James, appearand heir 
to the said Lady, Huchone Fraser of the Lovate, and Janet, the said lady's 
daughter," 4 it is probable that he was at first a ward of the Countess, and was 

1 The Thanes of Cawdor, edited by Mr. 3 Douglas' Peerage, by Wood. Dunbar, Earl 
Cosmo Innes, pp. 22, 24, 25, 28. of Moray. 

2 Lovat Case, a.d. 1730. 4 Spalding Club Miscellany, vol. iv. p. 128. 



THE FRASERS LORDS LOVAT. 179 

destined to espouse her daughter Janet ; but it has been seen that, upon the 
reversion of the earldom of Moray to the Crown, his ward and maritagium 
were granted to Lord Glaruis, whose daughter, Violetta, he married. 

It was this Hugh Fraser who made the reciprocal entails with Sir 
Alexander Fraser, third of Philorth, in 1464, and from the expression used 
in that granted by him, " si contingat me de hac vita migrare, et decedere, 
sine heredibus masculis, vel herede masculo," it may be inferred that he had 
then no son, and perhaps had not long been married. In the charter of 
entail he reserves the terce of his wife, Violetta Lyonne, 1 and he afterwards 
had several children, of whom the eldest, Thomas, succeeded him in 
1501. 

In Douglas' Peerage, and also in Mr. Anderson's History, the second 
Hugh Fraser is said to have been created a Peer of Parliament, and is accord- 
ingly styled in them first Lord Lovat ; but this appears to be erroneous, as 
on all occasions where his name is mentioned, it is as Hugh Fraser, dominus 
or Lord of Lovat, or Hugh Fraser of Lovat, and his successor, Thomas 
Fraser, was also dominus de Lovat in 1440, and after his decease, about 1456, 
was styled " quondam Thome Fraser de le Lovet." 

In the reciprocal entails of 1464, however, Hugh Fraser both adopts, 
a-nd receives from Sir Alexander Fraser, a different style, and it is that 
which expressly marks the creation of a Lord of Parliament. He is 
called " Hugo Dominus Fraser de Lowet," in contradistinction to the Thomas, 
or Hugo Fraser, Dominus or Lord of Lowet, of his father and grand- 
father. 

It is probable that the reversion of the earldom of Moray into the royal 
hands in 1455, which caused him to become tenant-in-chief of the Crown in 
the estates formerly held of that earldom (Lovat seems to have been always 
a royal fief), together with the large extent of his possessions, and the 
influential connections which he obtained by his marriage (for his elder 
brother-in-law, Alexander, second Lord Glamis, married Agnes, daughter 
of William, Lord Crichton, Chancellor of Scotland, and, dying without issue, 
was succeeded by his brother John, third Lord Glamis, who attained to con- 
siderable eminence, and was Justiciary of Scotland in 1489, 2 ) were the 
1 Copy in Philorth Charter-room. - Douglas' Peerage, by Wood, Earldom of Strathmore. 



180 THE FRASERS LORDS LOVATi 

circumstances that led to his creation as a Peer of Parliament between 1456 
and 1464. 

During the latter half of the fourteenth century and the first decade of 
the fifteenth, the descendants of Sir Andrew Fraser must have been very 
influential in the north of Scotland, on account of the numerous estates held 
by the various branches, which were all closely connected. The great heiress 
of the Chamberlain, Margaret Fraser, appears to have retained full power over 
her own estates, which she exercised in conj unction with her husband, the 
Marischal. Sir Alexander Praser was proprietor of Cowie, Durris, and 
Philorth, besides lands in Eoss and Galloway, and was Vicecomes of Aber- 
deen. Sir John Fraser and his son were successive Lords of Porglen, 
Ardendracht, and other properties. Duncan Fraser of Tulifour had extensive 
possessions in the districts of Aberdeen, Banff, Moray, and Perth. Hugh 
Fraser, if he is to be considered a descendant of Sir Andrew, held Lovat, 
and other considerable estates in those of Inverness, Eoss, and Nairn. 
Sir James Fraser was Lord of Frendraught, in Aberdeenshire, and also had 
lands in Perthshire. 

By the middle of the fifteenth century a vast change had taken place. 
Margaret Fraser's estates had been partitioned between the Keiths Marischal 
and the Seton-Gordons of Huntly. The family of Philorth had lost Cowie, 
Durris, and the lands in Eoss and Galloway. The families of Forglen, 
Tulifour, and Frendraught had become extinct in the male line, and their 
possessions had passed to other names ; and the Frasers of Lovat appear 
to have been the only branch of Sir Andrew Fraser's legitimate descen- 
dants which, during that half century, not only preserved its possessions 
intact, but increased their extent, and consequently its power and influ- 
ence. 

Until the middle of the fifteenth century the younger sons of the family 
of Lovat appear to have been but few in number, and there is no authentic 
record of any of their descendants ; but after that time the race multiplied 
very rapidly, and established many cadet branches. These, with the 
original Celtic inhabitants of the possessions acquired by them, who 
doubtless, in many instances, adopted the surname of their superior lords in 
addition to their own patronymios, became the Highland Clan Fraser, and 




SIMON FRASER, LORD LOVAT. 

DECOLAT. APRIL 9. 174 7- /£ T A T. SU/E 80. 

ORIGINAL SKETCH BY HOGARTH, 



THE FRASERS LORDS LOVAT. 181 

formed a powerful following, of which the families of Struy, Belladrum, 
Farraline, Foyers, Culbockie, Auchnagairn, Culduthel, Leadclune, Balnain, 
Aldourie, Gortuleg, Erchitt, Moniack, Eelig, etc., were the principal heads, 
and which rendered the Lords Lovat very influential among the nobles of 
the north ; while Thomas Fraser, second son of Alexander, fourth Lord Lovat, 
was ancestor of the Frasers of Strichen, in Aberdeenshire, about 1570-80 ; 
and Simon Fraser, second son of Simon, sixth Lord, of those of Inverallochy, 
in the same county, about 1616-20, both possessions having been purchased 
from the family of Philorth. The male line of Inverallochy failed about 
1793, and that family is now represented in the female line by Colonel 
Mackenzie Fraser of Castle Fraser. 

The title of Lord Lovat continued in the direct line from 1456-64 to the 
death, without male issue, in 1696, of Hugh Fraser, ninth Lord Lovat, leaving 
four daughters, between the eldest of whom, Amelia Fraser, and Thomas 
Fraser of Beaufort (fourth son of Hugh, seventh Lord), with his son Simon 
Fraser, the succession was long in dispute, but was eventually decided in 
favour of Simon Fraser as heir-male about 1730. 

He was beheaded in 1747 on account of his share in the rebellion of 1745, 
and the title and estates were forfeited ; but the estates having been restored 
in 1774, were enjoyed in succession by his two sons, Simon and Archibald, 
and upon the decease of the latter without surviving issue on the 8th December 
1815, they passed to the nearest collateral heir-male, Thomas Alexander Fraser, 
tenth of Strichen, who was created Lord Lovat in the Peerage of the United 
Kingdom in 1837, and proved his right to the ancient Scottish Peerage of 
Lovat, the attainder of which was reversed by an Act of Parliament in his 
favour in 1857. He held the Lovat estates for the long period of sixty years, 
and his ability and courtesy, with his excellent business habits, gained him 
universal esteem and respect throughout the north of Scotland. He died in 
1875, and was succeeded by his eldest son, Simon Fraser, now fifteenth Lord 
Lovat (not counting the forfeiture), and, if that ancestry be correct, nine- 
teenth in descent from Sir Simon Fraser, who was killed at Halidon in 
1333. 

These pages, however, are not the proper place for any more detailed 
account of this line of the Fraser race and its numerous branches ; and the 



182 



THE FEASERS LORDS LOVAT. 



above remarks upon the early genealogy of the house of Lovat are merely 
intended to rectify some errors and omissions of former genealogists, and 
to enable them to be avoided by any author who may write the separate 
history which that noble family so well deserves. 





Hugh Fraser, first of Lovat, 1377 and 
circa 1390. 



John Dunbar, Earl of Moray, circa 1390. 



183 



REMARKS ON BRUCE'S CAMPAIGNS DURING 
THE YEARS 1307-8. 

AS RELATED BY FORDUN AND BY BARBOUR. 



rFHE discrepancy between the accounts of the campaigns of 1307-8 in the 
works of these authors, to which reference has been made in the Memoir 
of Sir Alexander Fraser, the Chamberlain, proceeds from contradictory state- 
ments which cannot be reconciled. 

Fordun says that Bruce, " montes pertransiens," crossing the mountains 
from Carrick, took the Castle of Inverness, levelled it with the ground, and, 
in the same way, reduced and destroyed the rest of the strongholds and 
castles in the north, until he got with his army as far as the Slevach, in 
Aberdeenshire, where he was encoimtered by the Earl of Buchan and his 
associates, on Christmas Day 1307; that they, ashamed and confounded, 
asked for a truce, which he granted, and that eight days afterwards he was 
seized with such severe illness as to be obliged to keep his bed. That in 
1308 the Earl of Buchan and his allies again assembled at Inverury, when 
Bruce, though not yet recovered from his illness, ordered himself to be 
armed and mounted, and, supported on horseback by two men, led his forces 
against them, and completely defeated them, pursuing their routed army as 
far as Fyvie, after which he ravaged and destroyed the district of Buchan. 1 
Although Fordun, in his Gesta Annalia, does not assign any date for the 
battle of Inverury, except that of the year, those who have followed his 
account place it on Ascension Day, or the 2 2d of May. 

On the other hand, Barbour says that Bruce advanced from the south-west 
1 Gesta Annalia, Nos. cxxi. , cxxii. , cxxiv. 



184 REMARKS ON BRUCE'S CAMPAIGNS 

of Scotland to the " Month," the Grampian chain of mountains, and thence 
" held straught the way to Inverury ;" that he was there attacked by the illness 
that prostrated him, upon which his brother, Sir Edward Bruce, assumed the 
command, and retreated to the Slevach, a strong position, where they were 
attacked by the Earl of Buchan and his allies, " after the Martinmas," i.e. 
about the end of November. That, after three days of skirmishing, Edward 
Bruce decided to continue his retreat, but marched out for that purpose in 
such discipline, and with such resolute demeanour, that the hearts of his 
enemies "begouth to fail," and they did not dare to pursue him in his 
retreat, which he continued as far as Strathbogie. That, after a sojourn 
there, Bruce began to recover his health, and returned with his army to 
Inverury, in order to winter in the plain country, and to obtain provisions, 
arriving there shortly before Christmas 1307. That the Earl of Buchan and 
his friends, hearing of this, assembled their forces at Old Meldrum, the day 
before Christmas Eve, and that, on the morning of Christmas Eve, Sir David 
de Brechin surprised some of Bruce's outlying troops at Inverury. That 
Bruce, upon this, though far from restored to full strength, insisted upon 
being armed and mounted, and leading his army towards Old Meldrum, 
completely routed the Earl and his adherents. That he then ravaged and 
destroyed the district of Buchan, and that, after these events, the whole 
country "benorth the Month" (to the north of the Grampians) submitted to him. 1 
There is a certain amount of agreement in these statements. Both 
authors mention a rencontre at the Slevach, and a sort of temporary panic in 
the Earl of Buchan's army on that occasion ; both relate Bruce's illness, and 
state that he gained the victory of Inverury when not yet restored to full 
strength ; but in other points there is a wide divergence, affecting the whole 
plan of the campaign and events of the year ; for while Fordun makes the 
conquest of Inverness and the rest of the north of Scotland precede the 
rencontre at the Slevach, which he fixes on Christmas Day 1307, makes the 
illness of Bruce commence eight days after that, or early in January, and 
continue during the remainder of the winter, and all the spring of 1308, and 
makes the battle of Inverury and the destruction of the district of Buchan 
the concluding events of the campaign : Barbour states that the illness of 

1 Barbour's Bruce, pp. 187, 192-203. 



DURING THE YEARS 1307-8. 185 

Bruce began before the rencontre at the Slevach, which he places about the 
end of November ; that he had nearly recovered from it by Christmas Eve, 
1307, •which he makes the date of the battle of Inverury; and that these 
events, and the ravaging of Buchan, were followed by the reduction and 
submission of the remainder of the country north of the Grampian range. 

Although the errors in chronology, of which Barbour was undoubtedly 
guilty, may make any comparison of him as an historian with the methodical 
and generally accurate Fordun appear presumptuous, yet in the account of 
this particular campaign, there is reason to believe that bis version is correct, 
and that the more eminent historian was misinformed. 

Both authors flourished about the same time, and both were clergymen 
of the diocese of Aberdeen. According to the best authority, 1 Fordun com- 
piled his History of Scotland before 1385, so far as he was enabled to write 
his full work, viz., down to the death of David I. in 1153 ; and he left his 
G-esta Annalia, or notes of the remainder, which were used by his con- 
tinuator, "Walter Bowyer. Barbour himself says that he wrote his poem 
in 1375. 2 Both were probably born about the middle of the reign of Bobert I., 
and might, therefore, have heard the events of his career described by those 
who had taken a part in them. Barbour, indeed, says that he did so. 

The facilities for acquiring information possessed by each, appear, there- 
fore, to have been as nearly as possible equal ; but it is curious that, 
although they belonged to the same diocese, neither seems to have been 
aware of the labours of the other. 

It may be noticed here that Fordun places the death of Edward I. on the 
5th of April 1307, 3 or three months earlier than the date at which it actually 
occurred, the 7th of Jidy. Barbour also, though he gives no date, seems to 
have imagined that event to have taken place quite as early in the year, for 
he says that the prisoners, captured in Kildrumie Castle during the winter, 
were brought to Edward I. on his death-bed, and that he died very soon after 
ordering them to execution ; and he makes the lady, who met Bruce on his 
arrival in Carrick early in the spring, acquaint him with their fate. 4 It is 

1 Preface to Historians of Scotland, For- 3 Gesta Annalia, No. cxxiii. 

dun, vol. i. pp. xiv, xxxiii. 

- The Bruce, p. 319. 4 The Bruce, pp. SG, 108. 

VOL. II. 2 A 



186 REMARKS ON BRUCE S CAMPAIGNS 

possible that the error as to the date of the great King of England's death 
may have in some degree influenced both in their respective accounts. 

From the battle of Methven, on the 19th of June 1306, down to the land- 
ing of Bruce in Carrick early in 1307, there is no variance worthy of remark, 
for although in his concise notes Fordun depicts Bruce as reduced to far 
greater extremities than any that Barbour describes in his more ample 
narrative, and omits many circumstances related by the latter, yet there is no 
contradiction between them upon any important point ; and Fordun states 
that, after nearly a year of wandering, Bruce got to Carrick by a roundabout 
way, which agrees in the main with Barbour's story ; but after that event the 
two accounts differ so widely as to be utterly irreconcileable. 

From his not mentioning any of the events in Carrick and Galloway 
related by Barbour, as will be seen below, it is evident that Fordun, perhaps 
misled by his idea that the death of Edward I. occurred on the 5th of April, 
believed that Bruce, freed from the fear of his most powerful enemy, began 
his northern campaign very soon after his arrival in Carrick, and his capture 
of one of his castles in the spring or early summer of 1307 ; and, therefore, 
filled up the remainder of that year with the account of the march across the 
mountains to Inverness, the reduction and destruction of that castle, and of 
all other fortresses in the north, and the subjugation of the whole district, as 
far as the Slevach, in Aberdeenshire, by Christmas Day, all of which was 
perfectly consistent and probable if it were the fact that Bruce moved 
towards the north when Fordun believed him to have done so. 

Turning to Barbour's narrative of events, 1 in the spring of 1307, he says 
that, upon Bruce landing in Carrick, Percy, alarmed at his approach, 
abandoned the castle of Turnberry, and retreated into England; that Douglas, 
with Bruce's leave, went to try his fortune in Douglasdale, where on Palm 
Sunday he took Douglas Castle, burned all but the walls, and made the 
celebrated Douglas larder; that Clifford, to whom Edward I. had granted 
the estate, coming from England with fresh forces, repaired and regarrisoned 
the castle ; and that Douglas soon afterwards tempted the new commandant 
to a sally, in which he surprised and killed him, but did not succeed in 
again taking the castle, and that he then went to rejoin Bruce at Cumnock. 

1 The Bruce, pp. 109-187. 



DUBING THE YEAES 1307-8. 187 

That Bruce, meanwhile, had remained in Carrick with very few men, 
Edward Bruce being in Galloway with another small company ; that some of 
the people of Galloway, to the number of 200, attempted to surprise Bruce 
by night, but were defeated at a ford. 

That the Earl of Pembroke (Barbour calls him Sir Aymer de Valence) 
and John of Lorn assembled a force to attack Bruce in the fastnesses of 
Cumnock, who had been rejoined by Edward Bruce and Douglas. 

That Bruce was defeated and put to flight, but that the same night, having 
rallied his men, he surprised an outlying portion of Pembroke's army. 
That Pembroke went to Carlisle (where Barbour appears to have thought he 
was in command, nothing being said of Edward I. or Edward II.). 

That Bruce went with his men to Glentruell, in Galloway, to hunt, " for 
then deer were in season." Pembroke attempted to surprise him in Glentruell, 
but was defeated, and retired again to Carlisle. Bruce marched to the district 
of Kyle, subdued it and a great part of Cunningham. Pembroke, who had 
returned to Bothwell Castle, detached Sir Philip de Mobray, with 1000 men, 
towards Kyle. Douglas waylaid and defeated him at Edrigford. Bruce 
marched to " Gawlistone " [Galston], near Loudoun. Pembroke sent him a 
challenge to fight at Loudon Hill on the 10th of May, which he accepted, 
and on that day completely defeated Pembroke, who rode to England, and 
gave up his " wardanry " to the King. That immediately after the victory 
of Loudoun Hill, or about the middle or end of May, Bruce commenced his 
march to the north, went to the " Month," the Grampian chain, where he 
heard from Alexander Eraser and his brother Simon full particulars of the 
coalition of the Earl of Buchan and other barons of the north-east against 
him ; thence that he " held straught the way to Inverury," where he was 
attacked with illness ; Edward Bruce assumed the command of the army, and 
retreated to the Slevach (in the parish of Drumblait, in Aberdeenshire), 
arriving there after Martinmas, or about the end of November. 

Omitting the personal adventures of his hero, the above is the sequence 
of the principal events, as told by Barbour, and it is at once apparent that it 
is utterly unchronological. Between Palm Sunday, when Douglas captured 
and burned Douglas Castle, and the encounter at Cumnock, which must have 
taken place before the battle of Loudoun Hill on the 10th of May, there was 



188 REMARKS ON BRUCE's CAMPAIGNS 

riot time for Clifford to have come from England and to have repaired and 
regarrisoned the castle, to say nothing of the subsequent surprise and death 
of its new commandant by Douglas. The statement that the Earl of Pem- 
broke (Sir Aymer de Valence) went to Carlisle between the encounter at 
Cumnock and the battle of Loudoun Hill is also very doubtful, for Edward I. 
was at Carlisle then, though Barbour was ignorant of the fact, evidently 
misled by the idea that he died earlier in the year. 

In Barbour's poem it is impossible to avoid being struck with the wonder- 
ful exactness and minuteness of detail, and with the no less remarkable faults 
in chronological arrangement, and this leads to the inference that the poet, 
though he faithfully related each separate adventure or occurrence, as he 
heard it from the lips of his informants, — often eye-witnesses, — was obliged 
to trust to his own very imperfect knowledge in order to connect one event 
with another, and that, in doing so, he often went wrong ; but the extreme 
fidelity with which he told each story, as he heard it, enables his chrono- 
logical errors to be corrected, in some degree, even from the internal evidence 
of his own work. 

Thus, in the present case, though he placed the events that occurred in 
Glentruell before the battle of Loudoun Hill, on the 10th of May, yet his 
accuracy in repeating what had been told him, obliged him to say that Bruce 
went there to hunt, "for then deer were in season," 1 which at once fixes the 
time of the sojourn in Glentruell later in the year, about the end of June or 
July, and contradicts his statement that Bruce commenced his march to the 
north immediately after his decisive victory on the 10th of May. Again, 
although he makes that unchronological statement, yet the same accuracy in 
relating only what he had heard prevented his recording any events, after 
mentioning Bruce's movement to the north of Scotland, except the unopposed 
march to "the Month," and thence straight to Inverury, with the further 
retreat to the Slevach, by the end of November, 2 for all which there was 
plenty of time, even if Bruce had not begun his march until four months 
later in the year than the period he assigned for its commencement. 

Hitherto the internal evidence of each account has been considered, and 
it has been shown that no fault can be found with that of Fordun, if only 
1 The Bruce, p. 16S. 2 Ibid. pp. 192-196. 



DURING THE YEARS 1307-8. 189 

he is correct in ignoring the events in Carrick and Galloway, and in suppos- 
ing that Bruce went to Inverness aud the north soon after his arrival in 
Carrick ; while that of Barbour is found to be very faulty in chronological 
arrangement, though apparently truthful in detail of adventure, and it 
remains now to be seen what light contemporary documents throw upon the 
question. 

There is extant very clear evidence that Bruce did not leave the south- 
west of Scotland, on his expedition to the north until after Edward n. had 
retired from the Border. Having succeeded his father, Edward I., on the 
7th of July, that King advanced from Carlisle into Galloway, and was at 
Dumfries on the 6th of August, from the 21st to the 28th at Cumnock, on 
the 30th at Tynewald and Dalgarnock, returning to Carlisle by the 4th 
September, from whence he went, via York, to Lenton, where, on the 30th 
September, he issued orders to John of Brittany, Earl of Kichmond, to repel 
the enemy ; and says in the mandate that he has heard from Sir John de 
St. John that Robert de Bruce and his adherents have lately overrun 
Galloway, "ad easdem partes Galwydia? jam venerunt," burning, slay- 
ing, and compelling the inhabitants to rise against the English authority, 1 
which must have referred to operations after Edward's retirement from the 
Border. 

This record is decisive between the two authors, so far as the events of 
the first three quarters of the year 1307 are concerned, and proves Fordun 
to be altogether wrong in believing that Bruce crossed the mountains to 
Inverness soon after his arrival in Carrick, while Barbour, though evidently 
incorrect as to the order of events and the time of Brace's march to the 
north, is yet so far borne out, that there was sufficient time for the various 
occurrences related by him to have taken place before Bruce left the south- 
west of Scotland, and it may be conjectured that the true sequence of those 
events was something like the following order : — 

Bruce lands in Carrick early in spring, and Percy evacuates Turn- 
berry Castle, and retreats into England. 

Douglas takes Douglas Castle on Palm Sunday, burns it, and rejoins 
Brace. Bruce having meanwhile repulsed the Galwegians, is defeated 
1 Rymer's Fcedera, vol. iii. pp. 4-14. 



190 REMARKS ON BRUCE's CAMPAIGNS 

at Cunmock by the Earl of Pembroke and John of Lorn, but speedily 
rallies his forces. 

Bruce overruns the districts of Kyle and Cunningham. 
Douglas defeats Sir Philip de Mobray at Edrigford. 
Bruce defeats Pembroke at Loudoun Hill, 10th May. Pembroke 
goes to Edward I. at Carlisle. 

Bruce marches southward to Glentruell, to watch the movements of 
Edward I. at Carlisle, and to hunt deer for subsistence. 

Pembroke attempts to surprise Bruce in Glentruell, is defeated, and 
returns to Carlisle. 
Thus far Barbour. 

After the death of Edward I., on the 7th of July, Edward n. advances 
into Galloway and the south-west of Scotland as far as Cumnock, during 
August, returns to ( Carlisle by the 4th of September, and retires from 
the Border. Bruce having retreated before the advance of Edward II., 
on his retirement overruns Galloway, and then begins his march to the 
northward about the end of September or beginning of October. 

During the summer Clifford repairs and regarrisons Douglas Castle, 
and the new commandant is tempted out and slain by Douglas about 
the beginning of autumn. 
The fact that Bruce did not commence his expedition to the north until 
the beginning of October 1307, or the end of September at earliest, being 
established by the record of his presence in Galloway during September, the 
account given by each author may be examined from that standpoint, for 
though Fordun was evidently mistaken as to the time of Brace's march north- 
ward, that alone does not prove him to be wrong in his statement that the 
conquest of Inverness and the northern districts preceded the rencontre at 
the Slevach, and other events in Aberdeenshire. 

Against that statement, however, the following other objections present 
themselves : — 

It is impossible to imagine any route through the mountains, from the 
south-west to Inverness, that Bruce coidd have followed without encountering 
very serious opposition, for the Eed Comyns were Lords of Badenoch and had 
great power in Moray ; Alexander of Argyll and John of Lorn were in pos- 



DURING THE YEARS 1307-8. 191 

session of the more western passes ; and the Earl of Eoss was very powerful 
in the district around Inverness. 

It is most improbable, not to say impossible, that there could be time 
between the end of September and Christmas Day for the long march from 
Galloway to Inverness, which must have been a continual conflict, and from 
thence to the Slevach, accompanied by the very important operations described, 
the reduction and destruction of the Castle of Inverness, and of all the other 
fortresses in the north ; and in addition to these objections taken from the 
internal evidence of the narrative, there is positive evidence that the 
Earl of Eoss had not been reduced to submission by Bruce during the 
year 1307, in the shape of a letter, of date 20th May 1308, from Edward n. 
to him and his son Hugh, thanking them for past service, and requesting 
future assistance. 1 

In the further account of the campaign, according to Fordun, the illness 
of Bruce began eight days after Christmas 1307, and he was not fully restored 
to health in May 1308. It is incredible that his powerful adversaries in the 
north-eastern districts should have allowed him to remain in quiet, prostrated 
by sickness, for at least four months, in the very heart of their country. 

None of these objections confront the account given by Barbour. His 
error in the time he assigns for the movement of Bruce to the north is cor- 
rected, as has been shown, by his truthful relation of details, and there was 
abundance of time between the beginning of October and the end of November 
for the unopposed march from Galloway to the southern base of the Gram- 
pians, thence through Athole, a district then friendly to his cause, in which 
he had found shelter during the previous summer — and the mountains, to 
Inverury, and, on the occurrence of his illness, for the further retreat to the 
Slevach ; and it may here be observed that the recent succession of Edward II. 
to the English throne may have been one cause that prevented the army of 
the Earl of Pembroke, which had been defeated in May, from receiving such 
reinforcements as would have enabled it to offer opposition to the earlier part 
of Bruce's march ; for at the commencement of a fresh reign the great barons 
would wish to keep their forces in hand, while adventurous spirits would be 
attracted to the new Court. 

1 Rymer's Fcedera, vol. iii. p. SI. 



192 REMARKS ON BRUCE's CAMPAIGNS 

The want of discipline in the Earl of Buchan's army, its demoralisation 
from having been outflanked and hurriedly brought back, and the sort of 
panic which both authors assert to have occurred in its ranks, may fully 
account for the Earl not having pursited Bruce into the then wild and inhos- 
pitable district of Strathbogie ; but upon the return of the royal army towards 
Inverury, he immediately led his troops to attack it, and sustained the 
decisive defeat there on Christmas Eve. It may here be noticed that there 
was sufficient time between the end of November and Christmas Eve for the 
partial recovery of Bruce from his attack of illness ; that the reasons Barbour 
gives for the return of the royal army to Inverury, viz., to winter in the low 
country and get provisions, show that he had no idea of there having been 
any communication at that time between Bruce and the districts of Moray 
and Inverness ; and also, that the ravaging and destruction of the district of 
Buchan, and the reduction of the power of the Comyn family, woidd be far 
more effectually carried out immediately after Christmas, in the depth of 
winter, when the inhabitants could not live without shelter, than, as Fordun 
places it, in the summer, when they might have fled to the woods and waste 
places, without so much risk of perishing from exposure. In addition to this, it 
has been shown above, that the Earl of Boss had not been subdued by Bruce in 
1307, nor probably during the first three or four months of 1308, though it 
does not follow that he was still on the English side when Edward II. wrote 
the letter of the 20th of May, for that monarch might not have heard of recent 
events in so distant a part of the country. But it is certain that he was 
reduced to submission during the spring or summer of 1308, for, on the 31st 
of October, at Auldearn, in the district of Moray, he executed a deed of fealty 
to Bruce, in which he recited that he had been graciously pardoned for all 
his offences, and that his lands and earldom had been restored to him. 1 

The effect of the whole evidence presented above is to prove that Fordun 
must have been ignorant of the events of the summer and autumn of 1307, 
and must have been misinformed as to those of the first half of 1308, and 
that he was altogether mistaken in his statement that the country around 
Inverness and the rest of the northern district had been reconquered by 
Bruce before the battle of Inverury and the devastation of Buchan ; and that 
1 Acts of the Parliaments of Scotland, vol. i. p. 117. 



DURING THE YEARS 1307-8. 193 

Barbour's account, which makes these events precede the submission of the 
remainder of the northern parts of Scotland, is correct on that point ; and it 
follows that the date of Ascension Day, 22d May 1308, assigned for the battle 
of Inverury by the majority of historians and other writers who have trusted 
to Fordun rather than to Barbour, must be erroneous, and that of Christmas 
Eve 1307, as stated by Barbour, is the true date. This correction of the date 
receives confirmation from the impossibility of the harrying of Buchan, the 
reduction of the whole northern district, and the subjection of the open 
country of Kincardine, Forfar, Perth, and Stirling having taken place in 
the two months between the end of May and August, about the middle of 
which latter month, according to Fordun, Bruce was in the heart of Argyll, 1 
engaged in his expedition against Alexander of Argyll ; while, between 
Christmas 1307 and August 1308, there would have been sufficient time for 
these important events to occur, and for Bruce to proceed on his expedi- 
tion to the West Highlands. 

In their narratives of the conquest of Argyll another instance of discre- 
pancy between Barbour's account and that of Fordun may be noticed, in 
which extraneous evidence proves the former to have been correct. 

Barbour says, that after the capture of Dunstaffnage Castle, Alexander of 
Argyll submitted, and swore fealty to Bruce, but that his son, John of Lorn, 
continued in rebellion, and fled by sea. 2 Fordun states that Alexander of 
Argyll — he does not mention John of Lorn — refused to do homage to Bruce, 
and was allowed to retire into England, where he soon after died. 

On the 16th of March 1309, however, Alexander of Argyll was one of 
the barons who attended Bruce's Parliament held at St. Andrews, 3 in order to 
reply to the letter from the King of France, while John of Lorn, or of Argyll 
as he is termed, at a later period was appointed to command a fleet on the 
western coast in the English service, 4 to which he adhered until captured 
and imprisoned by Bruce in 1315 ; and these facts fully confirm Barbour's 
version of their conduct. 

In reviewing the campaigns of 1307-8, the proceedings of Bruce, as 

1 Gesta Annalia, No. cxxvi. 3 Acts of the Parliaments of Scotland, 

vol. i. p. 99. 
- The Bruce, p. 223. 4 Rotuli Scotia, vol. i. p. 58. 

VOL. II. 2 B 



194' REMARKS ON BRUCE'S CAMPAIGN DURING THE YEARS 130 7-8. 

imagined by Fordun, are very inferior in point of military skill and good 
generalship to his actual conduct, as related in Barbour's account, read by 
the corrections of his chronology. 

It would have been most imprudent on the part of Bruce, soon after 
landing in Carrick, to have thrown himself into the wilds of the Highlands, 
from whence he had been obliged to fly only a few months previously, and to 
have left an organised and unbroken force under the Earl of Pembroke, sup- 
ported by the advancing power of Edward I., in his rear, while he went to 
meet fresh enemies. A march from Carrick to Inverness, even if it could 
have been accomplished without opposition, together with such important 
operations as the reduction and destruction of all the fortresses in the north 
of Scotland, would have given time for the Earl of Pembroke, with the Earl 
of Buchan and his allies, to have brought support to the Earl of Pioss and 
their adherents in those districts, and to have assembled overwhelming odds 
against him; whereas the defeat of Pembroke at Loudoun Hill, and the 
retreat of Edward II., relieved him from immediate danger in that direction ; 
while the march from Galloway to the Month, and thence straight to 
Inverury, cut his other adversaries in two, and enabled him eventually to 
subdue each division of them in detail. 

It must not, however, be forgotten that Fordun's Gesta Annalia were 
merely concise notes, upon which his more ample history was to be based ; 
and it may be supposed, with reason, that if he had lived long enough to 
bring his full history down to that period, he would have ascertained the real 
facts of the campaign, and would have altered his statements in accordance 
with them, a task which his continuator did not attempt, and consequently 
one of the most brilliant military achievements of the hero King of Scotland 
has been very generally misrepresented. 







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APPENDIX OF CPIARTERS, Etc. 



I.— LETTER UPON RUMOUR OF THE DEATH OF QUEEN MARGARET, 
THE MAID OF NORWAY. 

1 . From William Fraser, Bishop of St. Andrews, to King Edward 
the First. 7th October 1290. 

Excellentissimo Principi et Domino reuerentissimo Domino Edwardo Dei 
gracia Regi Anglie, Domino Ybernie, et Duci Acquitanie illustrissimo, suus 
deuotns capellanus W. permissione diuina ecclesie Sancti Andree in Scocia 
minister humilis, salutem et felices ad vota successus, cum incremento glorie et 
honoris. Sicut in presencia vestra nuper extitit ordinatum, conuenerunt nuncii 
vestri, et nuncii Scocie qui fuerant vobis missi, necnon et aliqui proceres regni 
Scocie, apud Perth, dominica proxima post festum Beati Michaelis Archangeli, 
ad audiendum , responsum vestrum super hiis que petita et tractata fuerunt per 
nuncios Scocie coram vobis : Quo responso vestro audito et intellecto, fideles 
proceres, et quedam pars communitatis regni Scocie, celcitudini vestre inmensas 
. referebant graciarum actiones. Predicti vero nuncii vestri et nos deinde, versus 
partes Orcadie, ad tractandum cum nunciis Norwagie et ad recipiendum dominam 
nostram Reginam, gressus nostros aripere disposuimus, et ad hoc parauimus iter- 
nostrum. Set insonuit in populo dolorosus rumor, quod dicta Domina nostra 
debuit esse mortua; propter quod regnum Scocie est turbatum, et communitas 
disperata. Audito eciam et publicato rumore predicto, Dominus Robertas de 
Brus, qui prius non intendebat venire ad congregacionem prenominatam, cum 
magna potencia, ad interpellacionem quorundam, ibidem venit ; set quid intendit 
facere, vel qualiter operari adhuc ignoramus. Set Comites tamen de Marre et 
Atholie iam eorum exercitum demandarunt, et quidam alii magnates terre 



196 APPENDIX OF CHAPTERS, ETC. 

trahunt se ad partem suam ; et idcirco timetur de gerra communi et magna 
strage homirmm, nisi Altissimus, per industriam et ministerium vestrum, festinum 
remedium apponat. Domini Episcopus Dunelmensis, Comes Warrennie, et nos 
audiuimus postmodum quod Domina nostra predicta conualuit de infirmitate 
sua, set adhuc est debilis ; et idcirco inter nos ordinauimus prope partes de 
Perth moram traliere, quousque per milites qui sunt in Orchadiam missi, de 
statu ipsius Domine nostre (utinam prospero et felici!) certitudinem habeamus. 
Et si de ipsa optatos habuerimus rumores, quos de die in diem expectamus, ad 
partes illas, prout ordinatum est, parati erimus proficisci, ad perficiendum, pro 
fiosse nostro, negocium memoratum. Si Dominus Johannes de Balliolo venerit 
ad presenciam vestram, consulimus quod cum ipso tractare curetis, ita quod in 
omni euentu honor vester et commodum conseruentur. Si vero contingat Domi- 
nam nostram predictam ab hac luce migrasse (quod absit), dignetur, si placet 
vestre Excellencie, versus Marchiam, ad consolacionem populi Scoticani, et ut 
effusioni sanguinis parcatur, appropinquare ; ita quod fideles regni suum possunt 
sacramentum conseruare illesum, et ilium preficere in regem qui de iure debeat 
hereditare ■ dum tamen ille vestro consilio voluerit aderere. Valeat Excellencia 
vestra per tempora diuturna, prosperum et felicem. 

Datum apud Locris, die Sabati, in crastino Sancte Fidis Virginis, anno Domini 
M°CC°. nonogesimo. 

Dorso : Domino Edwardo, Dei gracia Eegi Anglie, Domino Ybernie, et 
Duci Acquitanie illustri, per Episcopum Sancti Andree in Scocia. 1 



II.— CHAETEES EELATING TO SIE ALEXANDEE FEASEE, THE 
CHAMBEELAIN, AND TO COWIE AND DUEEIS. 

2. Transumpt, made 21st April 1453, of Charter by Eobert, the Janitor of 
Kincardine in the Mearns, to Duncan Kymbdy, of the lands of Achich- 
donachy. Circa 1317. 

In nomine Domini Amen. Per hoc presens publicum instrumentum cunctis 
pateat euidenter, quod anno eiusdem millesimo quadringentesimo quinquagesimo 

1 Eoyal Letters, Public Record Office, London, No. 1302. 



APPENDIX OF CHARTERS, ETC. 197 

tertio, mensis vero Aprilis die vicesimo primo, indictione prima, pontificatus sano- 
tissimi in Christo patris et domini nostri, domini Nicliolaii diuina prouidentia Pape 
quinti anno vij ; coram venerabili et circumspecto viro, Magistro Henrico 
Henvy, precentore Abirdonensi ac commissario reuerendi in Christo patris et 
domini, domini Ingerami Dei et A.postolice sedis gratia episcopi Abirdonensis, pro 
tribunali sedente in ecclesia cathedrali Abirdonensi, meique notarii publici et 
testium infrascriptornm presentia, personaliter constitutus prouidns vir, Johannes 
Kymbdy, burgensis de Abirdon, quamdam cartam bone memorie Eoberti janitoris 
de Kyncardyn in le Mernys, domini de Portarstoun et de Achichdonachy, in per- 
gameno scriptam, eius sigillo circularis figure clauem et uirgam in se continente 
impendence in cera alba, vnacum sigillis armorum honorabilium virorum, domini 
Alexandri Fraser, militis, et Johannis Crag, testium in dicta carta contentorum, 
sigillatam, non rasam, non cancellatam, nee in aliqua sui parte suspectam, sed 
omni prorsus vitio et suspicione carentem, milii notario publico infrascripto 
tradidit perlegendam ; quam de manibus eius suscepi, et de uerbo ad uerbum alta 
et intelligibili voce perlegi : Cuiusquidem carte tenor sequitur in hec uerba : — 
Sciant presentes et futuri quod ego, Robertus, janitor de Kyncardyn in le 
Mernys, dominus de Portarstoun et de Achichdonachy, concessi, dimisi, et hac 
presenti carta mea confirmaui ad feodofirmam Duneeano Kymbdy, burgensi de 
Abirdon, totam terram meani de Achichdonachy cum suis pertinentiis et rectis 
diuisis : Tenendam et habendam ad feodofirmam eidem Duneeano et heredibus 
suis uel suis assignatis, de me et heredibus meis, libere, quiete, plenarie, honori- 
fice, bene et in pace, sine aliquo impedimento ; saluo forinseco seruicio domini 
Regis quantum ad dictam terram de jure pertinet : Reddendo inde annuatim mihi 
et heredibus meis uel meis assignatis sex denarios sterlingorum ad duos anni 
terminos, videlicet, vnam medietatem ad festum Sancti Martini in yeme, et aliam 
medietatem ad festum Penthecostes, pro omni alio seruicio seculari, exactione et 
demanda, inde contingentibus seu contingere valentibus : Ego vero predictus 
Robertus, heredes mei et mei assignati, totam predictam terram de Acichdonachy, 
cum omnibus suis justis pertinentiis, libertatibus et asiamentis, in pratis et 
pascuis, moris, mariciis, stagnis, molendinis, aquis, piscariis, boscis, planis, viis, 
semitis, brasinis, et in omnibus aliis commoditatibus, libertatibus, asyamentis, ad 
dictam terram pertinentibus uel pertinere valentibus, cum curia et conthal, pre- 
dicto Duneeano et heredibus suis uel suis assignatis contra omnes homines et 



198 APPENDIX OP CHARTERS, ETC. 

feminas, pro predicta feodofirma annuatim soluenda, warandizabimus, acquieta- 
bimus et in perpetuum defendemus : In cuius rei testimonium presenti carte mee 
sigillum meum apposui ; et ad pleniorem euidentiam huius facti, sigilla domini 
Alexandri Fraser tunc vicecomitis de Mernys, Symonis Fraser, fratris sui, 
Johannis de Crag et Joliannis Bennom, ad instantiam meam presenti carte gratia 
testimonii perliibendi apponi procuraui. Post cuiusquidem carte traditionem 
et lecturam, idem Johannes Kymbdy instanter supplicauit ut huiusmodi cartam 
propter vetustatem transcriberem et in formam publicam suis sumptibus redi- 
gerem : Quamquidem cartam visam et diligenter per me inspectam copiaui, tran- 
sumpsi, et de mandato dicti domini commissarii in banc publicam formam redegi, 
ut huiusmodi transumpto, tarn in iudicio quam extra, fides plenaria adhibeatur, 
sicut carte originali : De et super quibus omnibus et singulis predictus Johannes 
Kymbdy a me notario publico infrascripto sibi fieri petiit publicum instrumentum : 
Acta erant hec, anno, mense, die, loco, indictione et pontificatu prenotatis': pre- 
sentibus ibidem venerabilibus viris, dominis et magistris Henrico Eynde, thesau- 
rario, Waltero Fowlarton, Thoma Edname, canonicis Abirdonensibus ; necnon 
domino Thoma Ettale, notario publico, Dauid Prowdy, vicario Beati Macharii, 
Patricio Meldrum et Johanne Schewas, capellanis, cum multis aliis, ad premissa 
vocatis specialiter et rogatis. 

Et ego Laurentius Dunecani, presbiter Aberdonensis dioces'is, magister in 
artibus, publicus auctoritate imperiali notarius [etc., in forma communi.] 1 



3. Charter by King Eobert Bruce to Sir Alexander Fraser, knight, 
of six acres in Auchincarnie. 22d September [1323]. 

Eobertus, etc. Sciatis nos, etc., confirmasse Alexandro Fraser militi dilecto et 
fideli nostro, sex acras terre arabilis iacentes in tenemento nostro [de] Auchincarnie, 
juxta manerium nostrum de Kincardin, per has metas et diuisas, videlicet, a 
veteri via plaustri ville de Achincarny versus orientem vsque ad novam fossam 
iacentem versus occidentem in latitudine, et a rivulo de Vethi versus boream 
vsque ad moram de Cambov versus austrum in longitudine : Tenendas eb habendas 

1 From a Transcript of the Original in Arbuthnot Charter-chest. 



APPENDIX OF CHARTERS, ETC. 199 

eidem Alexandro et keredibus suis inter ipsum et quondam Mariam de Brwce 
sponsam suam, sororem nostram dilectam, legitime procreatis, in unum liberum 
hostilagium, cum communi pastura thaynagii nostri de Kincardin pro duobus 
equis, decern bobus, duodecim vaccis, centum ouibus, et eorum sequelis ad com- 
plementum etatis vnius anni, adeo libere et quiete, plenarie et konorifice, cum 
omnibus libertatibus commoditatibus asiamentis et iustis pertinentiis suis, in 
omnibus et per omnia, sicut aliquod hostilagium de nobis infra regnum nostrum 
liberius, quietius, plenius aut lionorificentius, tenetur aut possidetur, cum libertate 
fodiendi petas et turbas infra tlianagium nostrum predictum. In cuius rei, etc. 
Apud Kynrosser, xxij die Septembris, anno regni nostri xviij . 1 

4. Charter by King Robert Bruce to Sir Alexander Fraser, knight, and 
. John his son, the king's nephew, of the forest of Cragy, in the thanage of 
Cowie. 6th April [1327]. 

Eobertus, etc. Sciatis nos, etc., confirmasse Alexandro Fraser, militi dilecto et 
fideli, nostro, et Joanni filio suo, nepoti nostro, pro vno parco quern fieri facient ad 
opus nostrum in forresta de Cragy, in tkaynagio de Colli, continente in precinctu 
clausure mille et quingentas particatas terre, to tarn dictam forrestam extra 
clausuram dicti parci cum pertinentiis : Tenendam et kabendam predicto Alex- 
andro et Joanni filio suo, et eorum keredibus, de nobis et keredibus nostris, in 
feodo et kereditate, per omnes rectas metas et divisas suas, libere, quiete, plenarie 
et konorifice, in bosco et piano, pratis, pascuis et pasturis, viis, semitis, moris, 
marresiis, aquis,- stagnis-, vivariis, multuris et molendinis, in aucupationibus, 
piscationibus et venationibus, et cum omnibus aliis commoditatibus, asiamentis, 
libertatibus et iustis pertinentiis suis, ad predictam forrestam pertinentibus, 
debitis et consuetis, in liberam forrestam in perpetuum : Sustinendo dicti 
Alexander et Joannes filius suus et keredes sui clausuram dicti parci et ipsum 
custodiendo ad opus nostrum, cum viridi et venatione, pro omni alio servitio, 
exactione et consuetudine seu demanda : Saluis kominibus nostris asiamentis 
eiusdem forreste debitis et consuetis. In cujus rei, etc. Apud Striuelyn, sexto 
die Aprilis, anno regni nostri vicesimo secundo. 2 

1 Haddington Collections. • MS. in the Library of the Faculty of Advocates, Ediuljurch. 
vol. ii. p. 63, last division. 2 Ibid. 



200 APPENDIX OF CHAPTERS, ETC. 



5. Charter by King David the Second to Alexander Fraser, of the 
Thanage of Durris, created a Barony. 4th September [1369]. 

Dauid Dei gracia Rex Scottorum, omnibus, etc. Sciatis nos dedisse, concessisse, 
et hac presenti carta nostra confirmasse dilecto consanguineo nostro, Alexandro 
Fraser, omnes* et.. gingulas terras nostras thanagii de Durrys cum pertinenciis, 
infra vicecomitatum de Kyncardyn : Tenendas et habendas eidem Alexandro et 
heredibus suis, de nobis et heredibus nostris, in feodo et hereditate, in vnam 
integram et liberam baroniam, per omnes rectas metas et diuisas suas, in boscis 
et planis, moris, marresiis, etc., libere et quiete : Faciendo inde tres sectas ad tria 
placita nostra capitalia vicecomitatus de Kyncardyn ac seruicium vnius architen- 
entis ad exercitum nostrum tantum, pro omni alio seruicio, onere, consuetudine, 
exaccione et demanda, que de dictis terris cum pertinenciis aliquo tempore exigi 
poterunt seu requiri. In cuius rei, etc. Testibus, etc. Apud Edynburgh, quarto 
die Septembris anno regni nostri quadragesimo. 1 



6. Confirmation by Robert II. of Charter by Sir Alexander Fraser, knight, 
to Alexander Bannerman, burgess of Aberdeen, of Alesek, in the barony 
of Cowie. 19th October [13S7], 

Robertus Dei gracia Rex Scottorum, omnibus probis hominibus tocius terre sue, 
clericis et laycis, salutem. Sciatis nos . . . confirmasse donacionem illam et con- 
cessionem quas fecit et concessit Alexander Fraser miles, consanguineus noster, 
Alexandro Banerman burgensi nostro de Aberdene, de terris de Alesek cum perti- 
nenciis in baronia de Colly, infra vicecomitatum de Kyncardyn : Tenendis et 
habendis eidem Alexandro et heredibus suis in feodo et hereditate . . . sicut carta 
dicti consanguinei nostri sibi exinde confecta in se iuste continet et proportat ; 
saluo seruicio nostro. In cuius rei testimonium presenti carte nostre confirma- 
cionis nostrum precepimus apponi sigillum ; testibus, venerabilibus in Christo 
patribus Waltero et Johanne cancellario nostro, Sanctiandree et Dunkeldensis 
ecclesiarum episcopis; Johanne primogenito nostro de Carrie senescallo Scocie, 
1 Registrum Magni Sigilli, Lib. i. No. 229. 





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APPENDIX OF CHARTERS, ETC. 201 

Roberto de Fyf et de Menteth, Jacobo de Douglas, filijs nostris dilectis, comitibus ; 
Archebaldo de Douglas et Thoma de Erskyne consanguineis nostris, militibus. 
Apud Sconam nonodecimo die Octobris, anno regni nostri septimo decimo. 1 



7. Letters of Sale by William Fraser, lord of Philorth, to "William de Hay, 
lord of Errol, of the baronies of Cowie and Durris. 10th October 1413. 

Be it made knawyn til al men thruch thir present letteris, me, William Frasare, 
Lord of Fylorth, for til haf saulde fra me and myne ayris and myne assignais for 
euirmare, til a noble lord and mychty William de Hay, lord of Eroll and con- 
stable of Scotland, his ayris and his assignais, all my landis of the barounryis of 
Colly and of Durryss, wid tenand and tenandryis and seruice of fre tenand, lyand 
widin the schyrrefdome of the Merenyss, wid the pertenance, to me perteignand, 
for a sowme of syluer beforehand in my mykyl myster to me payit : Of the 
whilke sowme I hald me wele payid and content, and the fornemnyt lord of 
Eroll, his ayres, executores, and assignaes, I quite clayme for euirmare be thir 
present letteris : For til hald and for til haff al the landes fornemnyt, wid the 
pertenance, to the fornemnyt lord of Eroll, hys ayris and his assignais, of oure 
Lord the Kyng in to fre barounryis, wid outyn ony clayme of me or of myne ayris 
to be made in the fornemnyt landys in ony tyme to cum, in to the whilke landys 
Dame Elizabeth of Hamyltoun, the wife whilum of Sir Alexander Frasare, es 
joyntefyffte as nw ; and what tyme at the forsayde lady may be tretyt til vpgyf 
tha landis til oure Lord the Kyng, or til oure Lord the Duke as Gouernowre, til 
infeffe William Frasare in tha sayde landis, he beand in lachfull possessioun sal 
resigne tha sayde landys in the handis of the owrelard for til infeffe the sayde 
Lord of Eroll frely, his ayres or his assignes : And in case that the fornemnyt 
Lord of Eroll dissese, or yhete the sayde William Frasare, as God forbede, this 
couand beand vnfullfyllit widin fowrety dayis eftyr the resignacioun of the sayde 
landis to the owrelard, or ellis hir dissese, the fornemnyt William Frasare oblysis 
hym, his ayres and his assignaes, to pay to the fornemnyt Lord of Eroll, his 
ayris or his assignais, a hondreth pond of vsuale mone of the kyngryke of Scotland 
ilke yhere be yhere at vsuale termys proporcionali ; that is to say, at Witsonday 
and Martinemess, ay til this couand be fullily fulfyllyt in fourme and effecte, as 
1 Antiquities of Aberdeenshire, vol. iv. p. 642. 
VOL. II. 2 C 



202 APPENDIX OP CHARTERS, ETC. 

it is before wrytin, na remede in lach, canoun na ciuile, agayne standand that may 
be proponyt in the contrary : In the witness of the whylke thyng, my seele is 
putte to thir present letteris, at Perth, the tend day of the moneth of October, in 
the yhere of oure Lord a thowsand fowre hondreth and threttene. 1 



8. Charter by Eobert Duke of Albany, Governor of Scotland, to William de 
Hay of Errol, constable of Scotland, of the lands of the barony of Cowie. 
14th May 1415. 

Robertus Dux Albanie, comes de Fife et de Menteth, ac regni Scocie Gubernator, 
omnibus probis hominibus tocius regni predicti, clericis et laicis, salutem. Sciatis 
nos dedisse, concessisse, et hac presenti carta nostra confirmasse carissimo nepoti 
nostro, Willelmo de Haia de Erole, constabulario Scocie, totas et integras terras 
baronie de Colly cum pertinenciis, iacentes infra vicecomitatum de Kincardin : 
Quequidem terre cum pertinenciis fuerunt Willelmi Frasere de Fillorth hereditarie, 
et quas idem Willelmus Frasere, non vi aut metu ductus, nee errore lapsus, sed 
mera et spontanea voluntate sua, in manus nostras, per fustem et baculum ac per 
suas literas patentes sub sigillo suo, coram subscriptis testibus, sursum reddidit, 
pureque simpliciter resignauit, ac totum ius et clameum que in dictis terris cum 
pertinenciis habuit vel habere poterit, pro se et heredibus suis, omnino quitum- 
clamauit imperpetuum : Tenendas et habendas totas et integras terras baronie 
predicte, cum tenandiis et liberetenencium seruiciis ac ceteris pertinenciis 
quibuscunque, predicto Willelmo de Haia, nepoti nostro, et heredibus suis, de 
domino nostro Rege et heredibus suis, in vnam integram et liberam baroniam, in 
feodo et hereditate imperpetuum, per omnes rectas metas suas antiquas et diuisas ; 
cum omnibus et singulis libertatibus, comoditatibus et aisiamentis ac iustis 
pertinenciis quibuscunque ad dictam baroniam spectantibus seu iuste spectare 
ualentibus quomodolibet in futurum, adeo libere et quiete, plenarie, integre et 
honorifice, bene et in pace, in omnibus et per omnia, sicut idem Willelmus 
Frasere aut predecessores sui dictam baroniam cum pertinenciis, ante dictam 
resignacionem nobis inde factam, liberius tenuit seu possedit, tenuerunt seu 
possederunt : Faciendo inde domino nostro Regi et heredibus suis dictus 

1 This and subsequent writs, when no reference is given, are from the Charter -room at 
Philorth. 




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APPENDIX OF CHARTERS, ETC. 203 

Willelmus de Haia, nepos noster, et heredes sui, seruicia de dicta baronia cum 
pertinenciis debita et consueta : In cuius rei testimonium presenti carte nostre 
magnum sigillum officii nostri apponi precepimus ; testibus, reuerendo in Christo 
patre Gilberto episcopo Aberdonensi, cancellario Scocie, Johanne Steuart comite 
Buchanie, filio nostro, Alexandra de Grame filio domini de Grame, Thoma 
Brisbane, Willelmo de Portduvine, Willelrno de Cocbrane, Dauid Dallirdase, et 
Andrea de Hawic, rectore de Listoun, secretario nostro ; apud Falklande, quarto 
decimo die mensis Maii, anno Domini millesimo quadringentesimo quintodecimo, 
et gubernacionis nostre nono. 



9. Retour of Sir Alexander Fraser, knigbt, as heir to Sir Alexander 
Fraser, bis grandfather, in the barony of Cowie. 14th April 1461. 

Inquisitio facta apud Kincarden, coram Patricio Berkley, vicecomite de Kin- 
carden deputato, decimo quarto die mensis Aprilis, anno millesimo quadrin- 
gentesimo sexagesimo primo, per probos et fideles subscriptos, viz., Alexandrum 
Straton de eodem, Alexandrum Fraser de Dores, Gilbertum Middleton de eodem, 
Wilielmum Grem de Morphy, Andream Straton de Cragy, Joannem Alerdes, 
Willielmum Gardin de Drumely, Kobertum Mortimer de Balandro, Georgium 
Ramsay de Canterland, David Moncur de Knap, Joannem de Stratheth, Alexan- 
drum Bercley, Alexandrum Stratheith de Monbodow, Thomam Sibalde, Walterum 
Bissate et David Crukshank : Qui jurati dicunt quod quondam Alexander Fraser, 
miles, avus Alexandri Fraser militis, latoris presentium, obiit vestitus et saisitus, 
ut de feodo, ad pacem et fidem domini nostri Regis, in totam et integram 
baroniam de Cowie cum pertinentiis, jacentem infra vicecomitatum de Kin- 
carden ; et quod dictus Alexander Fraser miles, lator presentium, est legitimus 
et propinquior heres quondam Alexandri avi sui . . . ilia baron . . . Williel- 
mus Haya obiit ultimo vestitus et saisitus de terris illius baroniae . . . et quod 
prefatus Alexander Fraser, miles, est legitime etatis ; et quod dicta baronia nunc 
valet per annum quadraginta libras in tempore pacis ; et dicte terre prefate 
baronie tenentur de domino comite de Erole, per servitium warde; et quod dicte 
terre nunc existunt in manibus prefati domini comitis, tanquam in manibus 
superioris domini, per obitum Willielmi de Haya, a tempore trium mensium vel 



204 APPENDIX OF CHARTERS, ETC. 

circiter : Actum et clausum sub testimonio sigilli predicti vicecomitis deputati, 
unacum sigillis qu . . . qui dicte inquisitioni . . . anno, die mensis. et loco 
supradictis. 1 



10. Confirmation by King James the First, dated 8th August 1430, of Con- 
firmation by King Robert the Third, dated 5th October 1400, of 
Charter by Alexander Fraser, lord of Cowie and Durris, to his natural 
son Alexander, of the lands of Kynclonyes, etc. 20th September 1 400. 

Jacobus Dei gracia Rex Scotorum, omnibus probis hominibus tocius terre sue, 
clericis et laicis, salutem. Sciatis nos quandam cartam confirmacionis excellen- 
tissimi principis, Roberti Dei gracia Regis Scotorum illustris, patris nostri, factam 
Alexandro Fraser filio naturali Alexandri Fraser de Colly et de Durrys, de terris 
de Kinclonyes, de Balcharne et de Balfuthachy cum pertinentiis, iacentibus in 
baronia de Durrys infra vicecomitatum de Kyncardyne, de mandato nostro visam, 
lectam, inspectam et diligenter examinatam, non rasam, non abolitam, non 
cancellatam, nee in aliqua sui parte viciatam, sed omni prorsus vicio et suspicione 
carentem, intellexisse ad plenum in hunc modum : — Robertus Dei gracia Rex 
Scotorum, omnibus probis hominibus tocius terre sue, clericis et laicis, salutem. 
Sciatis nos quandam cartam Alexandri Fraser de Colly et de Durrys, militis, 
sub sigillo suo, factam Alexandro Fraser filio suo naturali, de mandato nostro 
visam, lectam, inspectam et diligenter examinatam, non rasam, non abolitam, 
non cancellatam, nee in aliqua sui parte viciatam, intellexisse et veraciter 
inspexisse ad plenum in hec uerba : — Omnibus hanc cartam visuris uel audituris, 
Alexander Fraser dominus baroniarum de Colly et de Durrys, salutem in Domino 
sempiternam. Vestra nouerit vniuersitas, me, cum consensu et assensu Elizabeth 
de Hamyltoun sponse mee, dedisse, concessisse, et hac presenti carta mea confir- 
niasse Alexandro Fraser filio meo dilecto, pro homagio et seruicio mihi et dicte 
Elizabeth sponse mee, et nostrum alteri diucius viuenti, et heredibus inter me et 
dictam Elizabeth legitime procreatis seu procreandis, per ipsum Alexandrum 
impenso et impendendo, totas illas terras de duabus Kynclonyes, de Balcharne, et 

1 Crawford's Officers of State, p. 2S1, quoting the charter as in the possession of the Lord 
Saltoun. 



APPENDIX OF CHARTERS, ETC. 205 

de Balfuthachy, cum pertinentiis, in baronia de Durrys, infra vicecomitatum de 
Kyncardyne : Tenendas et liabendas dicto Alexandro et heredibus suis de corpore 
suo legitime procreatis sen. procreandis, quibus forsan deficientibus, ad me et 
heredes meos libere reuertendas, de me et dicta Elizabeth, et heredibus inter 
me et dictam Elizabeth legitime procreatis seu procreandis ; quibus forte 
deficientibus, quod absit, do, concedo, et hac presenti carta mea confirmo predicto 
Alexandro filio meo, pro seruicio milii hactenus impenso, totam et integram 
baroniam predictam de Durrys cum pertinentiis infra dictum vicecomitatum de 
Kyncardyne; tenendam et habendam dicto Alexandro et heredibus de corpore 
suo legitime procreatis seu procreandis, quibus forsan deficientibus, ad me et 
heredes meos libere reuertendam, de me et heredibus meis, in feodo et hereditate, 
imperpetuum ; per omnes rectas metas et diuisas suas, cum tenentibus et tenandriis, 
bondis, bondagiis et natiuis, curiis et curiarum exitibus et eschaetis, molendinis, 
bracinis et fabrilibus, et eorum sequelis, cum siluis, boscis, planis, moris, marresiis, 
pratis, pascuis et pasturis, viis, semitis, aquis, stagnis, viuariis et ripariis, vena- 
cionibus, piscacionibus et aucupacionibus ; ac cum omnibus aliis libertatibus, com- 
moditatibus et asiamentis et ceteris pertinentiis quibuscunque, tarn sub terra quam 
supra terram, tarn non nominatis quam nominatis, ad dictas terras et baroniam de 
Durrys spectantibus seu spectare valentibus aliqualiter infuturum, adeo libere et 
quiete, plenarie, integre et honorifice, bene et in pace, sicut ego dictas terras et 
baroniam predictam cum pertinentiis aliquo vncquam tempore tenui seu possedi : 
Faciendo inde domino nostro Eegi dictus Alexander et heredes sui predicti seruicium 
inde debitum et consuetum, pro omni alio seruicio seculari, exactione seu demanda, 
que de dictis terris et baronia predicta cum pertinentiis aliqualiter exigi poterunt 
seu requiri : Et ego vero predictus Alexander Frasere et heredes mei predicti totam 
terram et baroniam de Durrys predictas cum pertinentiis prefato Alexandro filio 
meo et heredibus suis predictis contra omnes homines et feminas warantizabimus, 
acquietabimus et defendemus : In cuius rei testimonium presenti carte mee 
sigilhun meum apposui ; apud Aberdene, vicesimo die mensis Septembris, anno 
gracie millesimo quadringentesimo. Quamquidem cartam, donacionem et 
concessionem in eadem contentas, in omnibus punctis suis et articulis, condi- 
cionibus et modis ac circumstanciis suis quibuscunque, forma pariter et effectu, in 
omnibus et per omnia, approbamus, ratificamus, et pro nobis et heredibus nostris 
pro perpetuo confirmamus ; saluo seruicio nostro, vna cum vardis, releuijs et 



206 APPENDIX OF CHARTERS, ETC. 

maritagiis cum contigerint de eisdem : In cuius rei testimonium presenti carte 
nostre confirmacionis nostrum precepimus apponi sigillum ; testibus, venerabilibus 
in Christo patribus, Valtero episcopo Sanctiandree, Gilberto episcopo Aberdonensi, 
cancellario nostro, carissimo primogenito nostro Dauide duce Rothesaie, comite de 
Carryk et Atholie, Roberto duce Albanie, comite de Fyf et de Mentetb, Arcbebaldo 
comite de Douglas, domino Galuidie, Jacobo de Douglas, domino de Dalketh, et 
Thoma de Erskyne, consanguineis nostris dilectis, militibus : Apud Renfrew, quinto 
die mensis Octobris, anno Domini millesimo cccc et regni nostri xj°. Quamquidem 
cartam, donacionem et concessionem in eadem contentas, in omnibus punctis suis et 
articulis, condicionibus et modis ac circumstanciis quibuscunque, forma pariter et 
effectu, in omnibus et per omnia, approbamus, ratificamus et imperpetuum 
confirmamus ; saluis nobis vardis, releuijs et maritagiis, cum contigerint, ac aliis 
seruiciis de dictis terris debitis et consuetis : In cuius rei testimonium presenti 
carte nostre magnum sigillum nostrum apponi precepimus ; testibus, reuerendo 
in Christo patre, Johanne episcopo Glasguensi, cancellario nostro, Jobanne 
Forestarij, camerario nostro, Valtero Ogilby, tbesaurario nostro, militibus, et 
magistro Willelmo Foullis, custode priuati sigilli nostri, preposito ecclesie collegiate 
de Bothwil ; apud Perth, viij die mensis Augusti, anno regni nostri xxv* . 1 



III.— CHARTERS RELATING TO PHILORTH AND OTHER LANDS 
ACQUIRED AND ADDED TO PHILORTH. 

11. Charter by King David the Second to William Earl of Ross, of the 
earldom of Ross and lordship of Skye. 23d October [1370]. 

Dauid Dei gracia Rex Scottorum, omnibus probis hominibus tocius terre sue, 
salutem. Sciatis nos dedisse, concessisse, et hac presenti carta nostra confirmasse 
dilecto consanguineo nostro, Willelmo comiti de Ross, totum comitatum de Ross 
et dominium de Sky ac omnia alia dominia et terras cum pertinentiis que fuerunt 
ipsius comitis, vbicunque infra regnum, exceptis dominijs illis et terris que fuerunt 
dicti comitis infra vicecomitatus de Abirdene, de Drumfres, et de Wygtoun : 

1 Registrum Magni Sigilli, Lib. iii. No. 72. 



APPENDIX OF CHARTERS, ETC. 207 

Quernquidem comitatum, terras et dominia cum pertinentiis, idem comes, non vi 
aut metu ductus, nee errore lapsus, sed mera et spontanea voluntate sua, nobis apud 
Perth, in pleno parliamento nostro tento ibidem vicesimo tercio die mensis 
Octobris anno Domini millesimo trecentesimo septuagesimo, in presencia Eoberti 
Senescalli Scocie comitis de Stratherne, nepotis nostri, Willelmi comitis de 
Douglas, Georgij comitis Marchie, Jobannis Senescalli comitis de Carryk, 
Arcbebaldi de Douglas, Eoberti de Erskyne, Alexandri de Lyndesay, Willelmi de 
Disscbyngtoun, militum, et aliorum plurium baronum et nobilium regni nostri, per 
suas literas patentes, ac eciam cum fusto et baculo per manus procuratorum 
suorum sufficientem ad boc commissionem babentium, sursum reddidit pureque et 
simpliciter resignauit, ac totum jus et clameum, que in dictis comitatu, dominijs et 
terris, habuit vel habere potuit in futurum, pro se et beredibus suis, omnino 
quietum clamauit in perpetuum : Tenendum et habendum dicto comiti, et here- 
dibus suis masculis de corpore suo legitime procreandis ; quibus deficientibus, 
Waltero de Lesley, niiliti, et Eufamie sponse sue, ac eorum alteri diucius viuenti, et 
heredibus de ipsa Eufamia legitime procreatis sen procreandis ; ita, videlicet, quod 
si heres masculus de ipsa Eufamia non exierit, et plures forte de se habuerit filias, 
senior semper filia, tarn ipsius Eufamie quam suorum heredum de se exeuncium, 
deficientibus heredibus masculis, habeat totum ius et integrum dictum comitatum, 
dominia et terras cum pertinentiis, exceptis supra exceptis, sine diuisione aliquali ; 
et ipsis Waltero et Eufamia sponsa sua, et heredibus de ipsa Eufamia legitime 
procreandis fortasse deficientibus, Johanna iunior filia dicti comitis et heredes sui ; 
et quando ipsi beredes femelle fuerint, semper senior heres femella sine diuisione 
et participacione aliqua, totum et integrum dictum comitatum, dominia et terras 
predictas cum pertinentiis, exceptis supra exceptis, teneat et teneant, de nobis et 
heredibus nostris, in feodo et hereditate, per omnes rectas metas et diuisas suas, 
cum tenandijs, seruicijs liberetenencium, et advocacionibus ecclesiarum, adeo libere 
et quiete, in omnibus et per omnia, sicut dictus Willelmus comes de Eoss 
consanguineus noster, vel aliquis predecessorum suorum, dictum comitatum, 
dominia et terras predictas cum pertinentiis, aliquo tempore, liberius, quiecius et 
honorificencius, iuste tenuit seu possedit : Faciendo inde seruicia debita et 
consueta. In cuius rei, etc. Testibus, etc. Apud Perth, xxiij ci0 die Octobris, 
anno regni nostri quadragesimo primo. 1 

1 The Acts of the Parliaments of Scotland, vol. i. p. 537. 



208 APPENDIX OF CHARTERS, ETC. 

1 2. Complaint by William Earl of Eoss to King Robert the Second. 

24th June 1371. 

Excellentissimo Principi ac Domino suo reuerendissimo, domino Boberto Dei 
gracia Regi Scottorum, et suo bono concilio, vester humilis nepos Willelmus comes 
de Rosse conqueritur, sub hac forma, videlicet : Quod quondam bone memorie 
dominus meus, Rex, predecessor vester, domino Waltero de Lesly militi, ad 
impetracionem eiusdem, dedit omnes terras meas et tenementa, et eciam fratris mei 
Hugonis de Rosse, infra Buchaniam existentes, me et fratre meo predicto non 
requisitis, non citatis, non in iure confessis, nee in iudicio conuictis ; et cum con- 
stauerat de saysina dictarum terrarum sic predicto domino Waltero ex arupto et 
sine iuris processu deliberata, scripsi domino episcopo Brechynensi, tunc cancellario 
Scocie, pro vna litera attornatoria de capella regia continente has personas, vide- 
licet, Robertum senescallum Scocie, dominos Thomam comitem de Marre, Willelmum 
de Keth, et Willelmum de Meldrum, et singulis eorum singulariter vnam literam 
clam supplicatoriam, vt dignentur esse attornati ad petendum a domino meo Rege 
terras meas et fratris mei predicti ad plegium ; vna eciam cum vna litera domino 
meo Regi, et alia domine Evfamie sorori mee, super eadem materia; et cum predictis 
literis presentandis singulariter oneraui dominum Johannem de Gamery, clericum 
meum, canonicum Catenensem : Cui itineranti occurrens Johannes de Aberkyerdor, 
dicens se armigerum predicti domini Walteri, ipsum arrestauit, hominemque suum 
atrosciter verberauit, quod magistrum suum ad caudam equi sui noluit ligare, 
ipsum de omnibus literis suis spoliauit, et eum ad nemora et loca deuia deduxit : 
De cuius arrestacione predictus clericus meus non potuisset deliberari, quousque 
conuenisset sibi sex marcas sterhngorum infra tres septimanas, plegiis domino 
Roberto rectore de Forglen et Willelmo Byset de Hovthyrlys ; et fecit dictum 
clericum meum iurare super sancta ewangelia, presente domino Cristino vicario 
de Forg, quod non presentaret aliquam literam de eisdem alicui, nisi pixidem cum 
dictis literis suo sigillo sigillatam domino Waltero de Lesly, domino suo ; et quod 
intraret se ipsum predicto domino Waltero, cum dicta pixide sigillata et sua litera. 
Quo facto, predictus clericus sic deliberatus laborauit ad dominum suum Episcopum 
Aberdonensem conquerendo et ad dominum Willelmum de Keth, qui ipsum de 
solucione pecunie predicte resoluebant, et ab hinc laborauit in Rossiam nuncians 
michi ista : Quo facto sciens quod per medias personas terras meas ad plegium habere 



APPENDIX OF CHARTERS, ETC. 209 

non potui, laboraui in propria persona ad dominum meum Eegem vsque villam de 
Aberden,adpetendum terras meas ad plegium: quas habere non potui nisi concederem 
predicto domino meo Regi, pro vsu Johannis de Logy, totum ins meum de la Platan 
de Forfare. Cuius concessione facta, vocatus ad prandium cum domino meo Rege, 
pecii responsum negociorum meorum post prandium : a quo, post auisacionem suam, 
missa fuit niicki in ecclesia vna magna sedula questionum pro responso, allegatis 
in eadem pluribus autoritatibus iuris ciuilis : Qua lecta, dixi quod litis constrista- 
cionem facere nolui cum domino meo Rege, nee pro ilia omnino veni : Et tunc, nulla 
licencia petita vlteriori, laboraui versus Rossiam, nee plus cum dicto domino meo 
Rege vsque aduentum suum apud Innernys loquebar, vbi percipientes predictum 
dominum meum contra me et fratrem meum Hugonem motum, et dictum dominum 
Walterum secum valde potentem, ego et frater meus Hugo predictus ad statum 
pristinum et corporalem possessionem terrarum nostrarum Buchanie non restaurati, 
predictam donacionem terrarum nostrarum predictarum, factam per dominum 
Regem predicto domino Waltero, sub sigillis nostris ratificauimus, propter maiora 
pericula tunc eminencia, vt estimauimus, predicto fratre nostro tunc a nobis 
remoto in nemoribus et aliis deuiis : Et non celando veritatem rei, in re vera et 
fide qua Deo tenemur, nee fuit filia nostra cum dicto domino Waltero sponsata cum 
voluntate nostra, set omnino contra voluntatem nostram, nee aliquam conces- 
sionem vel donacionem terrarum vel bonorum, vel conuencionem quamcunque, sibi 
fecimus aliquo tempore vsque diem obitus domini nostri Regis Dauid, predecessoris 
vestri, nisi ex rigore eiusdem domini Regis et sue iracundie timore, nullo tempore 
nostra spontanea voluntate bona ad hoc adhibita : Et hoc Deo et sue maiestati 
celorum, et vobis vestreque maiestati terrestri innotescimus presenti scripto. In 
cuius rei testimonium presenti scripto sigillum meum est appensum. Datum apud 
Edynburgh, vicesimo quarto die mensis Junii, anno Domini millesimo trecentesimo 
septuagesimo primo. 

13. Transumpt made 18th April 1455, of Charter by Walter de Leslie, 

knight, Lord of Ross, to his brother and sister, Sir Alexander Fraser, 

knight, and Johanna his spouse, of the lands of Philorth and others, 

in compensation and satisfaction for their lands in Ross. 4th June 1375. 

In Dei nomine amen. Per hoc presens publicum instrumentum siue transsumptum 

cunctis pateat euidenter, quod anno ab incarnatione Domini millesimo quadrin- 

VOL. II. 2 D 



210 APPENDIX OF CHAETEES, ETC. 

gentesimo quinquagesimo quinto, mensis vero Aprilis die decimo octauo ... in 
mei notarii publici ac testium subscriptorum presentia, personaliter constitutus 
honorabilis et prouidus vir, Alexander Fraser dominus de Philorth, cum notario 
infrascripto, quandam cartam magno sigillo nobilis et potentis domini Valteri 
de Leslie domini de Boss sano et integro sigillatam, non rasam, non abolitam 
. . . sed prorsus omni vitio et suspicione carentem, vt prima facie apparebat 
. . . tradidit perlegendam ... in modum sequentem :— Omnibus banc cartam 
visuris vel audituris, Valterus de Leslie miles, dominus de Eoss, salutem in 
Domino sempiternam. Noueritis nos dedisse, concessisse, et hac presenti carta 
mea confirmasse dilectis fratri et sorori nostris, domino Alexandro Fraser militi 
et Johanne sponse sue, et eorum alteri diutius viuenti, heredibusque inter ipsos 
legittime procreatis seu procreandis, omnes et singulas terras de Phillorth, 
videlicet, terras de Kirktoun, Oairnbuilg, Inuerolocliy, Ardglassey, Kinglasse cum 
molendino, Kinbog, Ardmakren cum molendino, duos Brakours, Auchintuin, 
Auchmacludy, Braklawmoir, terras de Maiore Drumqubendill et Minore Druni- 
qubendill, Auchinchogill, Plady, Loncardy et Delgady cum le Querell, terras de 
Maiore Fyntrie, Balchern et Blaktoune, cum iustis pertinentiis, jacentes infra 
vicecomitatum de Aberdein ; terras de Ferdonald in Boss, cum octodecim libris 
sterlingorum infra vicecomitatum de Inuernes ; et terras baronie de Kregiltoun 
cum pertinentiis, et quadraginta libras tenendriarum jacentium in partibus de 
Galuidia ; reseruato nobis loco castri de Kregiltoun, cum residuo tenendriarum 
dictarum partium : Tenendas . . . predictas terras cum pertinentiis prefato 
Alexandro et Jobanne sponse sue, et alteri eorum diutius viuenti, heredibusque 
inter ipsos legittime procreatis seu procreandis, pro recompensatione et satisfac- 
tione predictarum terrarum suarum de Boss cum pertinentiis, de supremo domino 
nostro Rege, ita libere sicut nos prefatus Valterus et Eufamia sponsa nostra totas 
terras cum pertinentiis tenemus siue tenuimus aliquibus temporibusretroactis . . . 
Faciendo inde predictus Alexander et Johanna sponsa sua et heredes eorum 
supremo domino nostro Begi pro dictis terris seruicium debitum et consuetum . . . 
In cuius rei testimonium sigillum meum presentibus est appensum, apud Aberdein, 
quarto die mensis Junii, anno Domini millesimo tricentesimo septuagesimo quinto : 
Testibus, Villelmo comite de Douglas, Georgio de Dunbar comite Marchie, 
Archibaldo de Douglas, Boberto Erskin, Willelmo de Dyssyngtoune, militibus, .et 
Thoma de Bate, cum multis aliis. Post Cuiusquidem carte traductionem et 



APPENDIX OF CHAPTERS, ETC. 211 

eiusdem diligentem inspectionem dictus Alexander a me notario publico infrascripto 
sibi fieri petiit presens publicum instrumentum : Acta erant hec apud Aberdein 
. . . presentibus prouidis et discretis viris, Joanne Fraser de New Forrest, 
Jolianne Futlies de Rothebyrsbane, Andrea Menzes, Johanne Vocat, burgensibus 
de Aberdein, et Alexandra Donaldsone, cum multis et diuersis aliis testibus . . . 

Et ego Joannes Duffous, presbiter Morauiensis diocesis, publicus imperiali 
authoritate notarius [etc. in forma cornmuni]. 1 

14. Tkansumpt, made 6th March 1480, of Transumpt made 17th October 1437, 
of Charter by Walter Lesly, knight, Lord of Ross, and Eitfamia 
Ross his spouse, to Alexander Fraser, knight, and Jonet (Johanna) 
Ross his spouse, of the lands of Auchinchogyl, and others, in excambion 
and more full satisfaction for their heritable part of Ross. 4th June 1375. 

In Dei nomine, amen. Vniuersis et singulis presentes literas siue presens pub- 
licum instrumentum siue transumptum inspecturis, lecturis, pariter et audituris, 
Dauid Meldrum in artibus magister, in decretis licenciatus, canonicus ecclesie 
cathedralis Dunkeldensis ac officialis Sancti Andree principalis, salutem in 
Domino, et presentibus fidem indubiam adhibere : Noueritis quod nuper pro parte 
honorabilis viri Alexandri Fresell, primogeniti et apparentis heredis Alexandri 
Fresel de Fylortht, quoddam transsumptum, diuersas literas de quo et quibus 
infra fit mencio et cuius seu quarum tenor inferius inseritur in se continens, nobis 
presentari et exhiberi ; nosque vt idem et easdem transsumi, copiari et exemplari 
mandari, nostrumque deeretum, vt moris est, interponere auctoritate ordinaria 
nobis in hac parte commissa, ad futuram rei memoriam, propter eiusdem trans- 
sumpti seu literarum vetustatem, dignaremur, cum instancia debita requisitum 
fuerat : Nos etenim, huiusmodi requisicioni fauorabili[ter] annuentes ac volentes in 
huiusmodi negocio rite procedere, quasdam literas citatorias sigillo officii nostri 
sigillatas ad instar edictorumpublicorum, contra omnes et singulos sua communiter 
vel diuisim in premissis interesse habentes vel habere putantes, ad comparendum 
coram nobis seu nostris eommissariis, pluribus aut vno, in ecclesia Beati Leonardi 
infra ciuitatem Sancti Andree, in certo ad hoc eis in eisdem Uteris nostris limitato 

1 Antiquities of Aberdeenshire, vol. iv. p. 87, from Original at Philorth. 



212 APPENDIX OF CHARTERS, ETC. 

termino, ad videndum et audiendum huiusmodi transsumptum, ad dicti Alexandri 
primogeniti vel eius certi et legittimi procuratoris instanciam, per nos transsumi, 
copiari et exemplari mandari, decretumque nostrum desuper, vt premittitur, 
inter.poni, vel ad alleganduni, obiciendum et probanduni causam seu causas, 
racionabilem seu racionabiles, quare premissa fieri non deberent, cum intimacione 
in talibus fieri solita et consueta, emisimus, et easdem in valuis ecclesie 
metropolitane Sancti Andree publice et sepius affigi mandauimus et fecimus cum 
effectu : Quo quidem termino comparuit coram nobis in ecclesia Beati Leonardi 
predicta pro tribunali sedentibus venerabilis et discretus vir, dominus Bobertus 
Lorymer piresbyter, procurator dicti Alexandri iunioris apud acta curie nostre 
legittime constitutus, prefatas literas citatorias, sic vt premittitur, in valuis 
prescriptis affixas et executas reproduxit, et easdem per magistrum Duncanum 
Zhalolok, notarium publicum, scribam curie nostre, coram nobis perlegi postulauit : 
Quibus per eundem notarium de nostro mandato receptis et perlectis, vocatisque 
omnibus et singulis in eisdem contentis, sicut prefertur, citatis et niinime com- 
parentibus, idem dominus Eobertus procurator, eorundem citatorum, vocatorum 
et non comparencium contumacias accusauit, ipsosque contumaces per nos reputari 
peciit ; et in eorum contumacias, quoddam transsumptum fulminatum a quondam 
venerabili et circumspecto viro, magistro Willelmo Karnys, vicario de Glammys, 
olim commissario Sancti Andree, tenores diuersarum literarum in se continens, 
sigillo officii officialitatis Sancti Andree, signoque et subscriptione quondam 
Willelmi Boyis notarii publici sigillatum, roboratum, nobis pro tribunali sedentibus 
presentauit; ipsumque transsumptum de nouo copiari et exemplari mandari, 
decretumque nostrum auctoritate ordinaria, vt moris est, desuper interponi, ad 
futuram rei memoriam, cum instancia postulauit : Nos vero Dauid officialis pre- 
dictus huiusmodi citatos, vocatos, et non comparentes reputauimus, prout merito 
erant, contumaces, et in eorum contumacias predictum transsumptum de manibus 
dicti domini Boberti procuratoris recepimus, et idem vidimus, inspeximus, et de 
suspicione examinauimus diligenter; et quia post examinacionem huiusmodi 
transsumpti, lecturam ibidem eciam per notarium prescriptum de nostro precepto 
pubhce factam et expletam, comperimus huiusmodi transsumptum insuspectum, 
ac omni vicio, vt apparuit nobis prima facie, carens, necnon fore sigillum officii 
officialitatis Sancti Andree, sicut in eodern asseritur et cui in ipso transsumpto 
ascribitur, in quantum ex eius impressione formali cognoscere potuinius : Idcirco 



APPENDIX OF CHARTERS, ETC. 213 

nos, Dauid, officialis sepedictus, pro tribunali sedentes, in contumacias eorum 
citatorum, vocatorum et non comparencium predictorum, prefatum transsumptum 
per notarium prenominatum, scribam curie nostre, transumi, copiari, exemplari, et 
in publicam transsumpti formam de nouo redigi decreuimus et mandauimus, ad 
perpetuam rei memoriam et veritatis fidem ac testimonium sempiternum : Cuius- 
quidem transsumpti tenor sequitur in hec verba. In nomine Domini amen. 
Vniuersis et singulis hoc presens publicum instramentum siue transsumptum 
inspecturis, Wilelmus de Karnys, bachalarius in decretis, perpetuus vicarius 
ecclesie parrochialis de Glammys, Sancti Andree diocesis, reuerendique in Christo 
patris domini Henrici Dei et apostolice sedis gracia episcopi Sancti Andree, in 
sui omcialis generalis absencia, ad vniuersitatem causarum commissarius speci- 
aliter deputatus, salutem in Domino et presentibus fidem indubiam adlaibere : 
Noueritis quod prouidus vir Alexander Fraser quasdam literas sigillo paruo in 
cera viridi impressa cum cordula pergameni impendentis sigillatas, quarum 
tenor inferius est insertus, coram nobis exhibuit, et iudicialiter presentauit ac 
produxit, petens humiliter a nobis vt huiusmodi literas transsumi et exemplari 
mandare dignaremur ad futuram rei memoriam, ex auctoritate ordinaria qua 
fungimur in hac parte, ita et taliter quod ipsi transsumpto possit et debeat vbique 
plenaria fides adhiberi, sicuti dictis Uteris originalibus si in earum originali forma 
in medium producerentur : Vnde nos Willelmus, commissarius prefatus, huiusmodi 
peticioni fauorabiliter annuentes, volentesque in huiusmodi negocio rite procedere, 
ipsas literas vidimus, tenuimus, perlegi fecimus, inspeximus et de suspicione 
diligenter examinauimus : Et quia, post diligentem inspectionem et examinacionem 
comperimus huiusmodi literas fore sanas, integras et illesas, non viciatas non 
cancellatas, nee in aliqua sui parte suspectas, sed omni prorsus vicio et suspicione 
carentes, necnon et sigillum fore et fuisse illius cui in ipso ascribitur, prout 
in circumferencia ipsius sigilli patere poterat intuenti ; idcirco, nos Wil- 
lelmus, commissarius prefatus, pro tribunali sedentes huiusmodi literas per 
notarium publicum infrascriptum transsumi et exemplari, ac in publicam 
transsumpti formam redigi mandauimus et iussinius ad futuram rei memoriam. 
Quarumquidem literarum tenor, de verbo ad verbum, sequitur et est talis. 
Omnibus hanc cartam visuris vel audituris, Walterus Lesly miles, dominus de 
Eoss, et Eufamia Ross sponsa sua, salutem in Domino sempiternam : Noueritis 
nos, vnanimi consensu et assensu, dedisse, concessisse et hac presenti carta nostra 



2U APPENDIX OF CHARTERS, ETC. 

confirmasse, necnon dare, concedere, et Lac presenti carta nostra confirmare 
dilectis confratri et sorori nostre, Alexandre- Fraser militi et Jonete Ross sponse 
sue, et eorum alteri diucius viuenti, totas et integras terras nostras de Auchin- 
chogyl cum pertinenciis, et terras nostras de Mekil Fyntra cum pertinenciis, 
iacentes in comitatu Buchanie infra vicecomitatum de Abbirdene ; necnon terras 
nostras de Crekiltoun cum pertinenciis, iacentes in dominio Galwydie infra vice- 
comitatum de Wigtoun; et annuum redditum octodecim librarum sterlingorum 
annuatim leuandum et percipiendum ad duos anni terminos vsuales, Penthecostes 
videlicet et Sancti Martini in hyeme, per equales porciones, de totis et integris 
terris de Faryndonalde in Ross cum pertinenciis, iacentes infra vicecomitatum de 
Innernys ; in merum, liberum et legittimum excambium, ac in recompensacionem, 
contentacionem et satisfactionem plenariam dictorum Alexandri militis et Jonete, 
ac beredum suorum, pro vniuersis et singulis suis partibus hereditariis terrarum de 
Ross cum pertinenciis, iacentibus infra vicecomitatum de Innernys, per dictos Alex- 
andrian et Jonetam sponsam suam, vnanimi consensu et assensu, pro se et heredi- 
bus suis, similiter in excambium et contentacionem nostrum, Walteri et Eufamie, 
et beredum nostrorum, pro dictis terris et anno redditu nostris datis hereditarie et 
concessis : Tenendas et babendas totas et integras terras predictas de Auchin- 
chogyl, Mekyl Fyntra, Crekyltoun et annuum redditum octodecim librarum 
terrarum de Faryndonalde, cum pertinenciis, dictis Alexandro et Jonete sponse 
sue, et eorum alteri diucius viuenti, et heredibus inter ipsos legittime procreatis 
seu procreandis, quibus deficientibus heredibus legittimis dicte Jonete quibus- 
cunque a nobis et heredibus nostris, de supremo domino nostro Rege et succes- 
soribus suis, in merum et legittimum excambium et contentacionem antedictam, in 
feodo et hereditate imperpetuum, per omnes rectas metas suas et antiquas et 
diuisas, prout iacent in longitudine et latitudine, in boscis, planis, moris, marresiis, 
viis, semitis, aquis, stagnis, pratis, riuolis, pascuis et pasturis, molendinis, multuris 
et eorum sequelis, aucupacionibus, venacionibus, piscacionibus, petariis, turbariis, 
carbonariis, lapicidiis, lapide et calce, fabrilibus, brasinis, bruariis, et genestis ; 
cum curiis et earum exitibus, herezeldis, bludewitis et merchetis mulierum ; cum 
communi pastura ac libero introitu et exitu, ac cum omnibus aliis singulis liber- 
tatibus, commoditatibus et asiamentis ac iustis pertinenciis quibuscunque, tarn 
non nominatis quam nominatis, tarn sub terra quam supra terram, tarn procul 
quam prope, ad dictas terras et predictum annuum redditum cum pertinenciis 



APPENDIX OF CHARTERS, ETC. 215 

spectantibus seu iuste spectare valentibus quomodolibet in futurum; et adeo 
libere, quiete, plenarie, integre, honorifice, bene et in pace, sine aliquo retineniento 
aut contradictione aliquali, sicut alique terre et annuus redditus infra regnum 
Scocie alicui per aliquem in merum et legittimum excambium et contentacionem 
pro quibuscunque terris, retroactis temporibus, hereditarie liberius dantur et con- 
ceduntur, aut dari vel concedi poterint qualitercunque in futurum : Eeddendo inde 
annuatim dicti Alexander et Joneta, et eorum alter diucius viuens, et heredes sui 
predict:, supremo domino nostro Eegi et successoribus suis, seruicium dictarum 
terrarum et annui redditus debitum et consuetum, ac vardam et releuium cum 
contigerit : Et nos vero dicti Walterus et Eufamia et heredes nostri totas et 
integras predictas terras de Auchinchogyl, Mekyl Fyntra, Crekyltoun, et annuum 
redditum octodecim librarum terrarum Faryndonalde cum pertinenciis dictis 
Alexandro et Jonete sponse sue, et eorum alteri diucius viuenti et heredibus suis 
predictis, adeo libere et quiete, in omnibus et per omnia, vt predictum est, in 
merum et liberum excambium et contentacionem predictam, contra omnes mor- 
tales varantizabimus, acquietabimus et imperpetuum defendemus : In cuius rei 
testimonium sigillum meum presentibus est appensum, apud Abberden, quarto 
die mensis Junii, anno Domini millesimo ccc° septuagesimo quinto ; testibus, 
Wilelmo comite de Douglas, Georgeo de Dunbar comite Marchie, Arcliibaldo de 
Douglas, Eoberto Erskyne, Wilelmo de Dyschy[n]toune, militibus, et Thoma de Eat 
cum multis aliis. Post que omnia et singula supradicta, nos Wilelmus, commis- 
sarius prefatus, presens transumptum publicum cum ipsis Uteris originalibus 
diligenter ascultari, collacionari et concordari fecimus : Et tandem, quia post 
diligentem collacionacionem et ascultacionem, comperimus presens transsumptum 
publicum cum predictis Uteris originalibus in omnibus et per omnia concordare et 
in nullo discrepare, idcirco, auctoritate ordinaria qua fungimur in hac parte, 
decreuimus et tenore presencium decernimus quod ipsi transsumpto publico, 
tanquam prescriptis literis originalibus, vbique locorum, tarn in iudicio quam 
extra iudicium, merito possit et debeat plena integra et indubitata fides adhiberi, 
ac talis et tanta, qualis et quanta, dictis literis originalibus adhiberetur, si in 
medium in earum originali forma producerentur : In quorum omnium et singu- 
lorum premissorum fidem et testimonium lioc presens publicum instrumentum siue 
transsumptum, per notarium publicum infrascriptum de mandato nostro desuper 
publicatum sigilli officialitatis Sancti Andree iussimus et fecimus appensione com- 



216 APPENDIX OF CHAETEES, ETC. 

muniri : Datum et actum apud Sanctum Andream in ecclesia parrochiali Beati 
Leonardi, nobis inibi pro tribunali sedentibus, sub anno Domini millesimo quad- 
ringentesimo tricesimo septimo, indictione prima, ac mensis Octobris die decima 
septima, pontificatus sanctissimi in Christo patris ac domini nostri domini Eugenii 
diuina prouidencia Pape quarti anno septimo ; presentibus ibidem nobilibus et 
venerabilibus viris, dominis Johanne de Lyndesay, milite, domino de Biris, Johanne 
de Scheues decretorum doctore, canonico Glasguensi, Thoma de Camera priore 
prioratus de Maya, ordinis Sancti Benedicti Sancti Andree diocesis, Johanne 
Feldew decretorum doctore, et Johanne de Lummysden, scutifero, domino de 
Glegyrnach, cum multis aliis ad premissa vocatis specialiter et rogatis. 
Sequitur subscripcio notarii. Et ego Willelmus de Boys, Sancti Andree diocesis, 
almeque vniuersitatis eiusdem bedellus iuratus, publicus auctoritate imperiali 
notarius, premissis omnibus et singulis, dum sic vt premittitur dicerentur et fierent, 
vnacum prenominatis testibus presens interfui, eaque sic fieri et dici vidi et audiui 
ac in notam sumpsi, ideoque presens publicum instrumentum siue transsumptum 
manu aliena, me aliis negociis occupato, fideliter scribi feci, signoque et nomine 
meis solitis et consuetis, vnacum appensione sigilli officialitatis Sancti Andree 
signaui rogatus et requisitus, in fidem et testimonium omnium et singulorum pre- 
missorum. Post que omnia et singula supradicta, nos Dauid officialis sepedictus 
presens transsumptum publicum cum ipso originali transsumpto diligenter ascul- 
tari, collacionari et examinari fecimus ; et quia, post diligentem collacionacionem, 
ascultacionem et huiusmodi examinacionem, comperimus presens transsumptum 
publicum cum dicto originali transsumpto in omnibus et per omnia concordare et in 
nullo discrepare, idcirco auctoritate ordinaria qua fungimur in hac parte decreui- 
mus, et tenore presencium decernimus quod presenti transsumpto publico, tan- 
quam prescripto transsumpto originali vbique locorum, tarn in iudicio quam extra 
iudicium, merito possit et debeat Integra plenaria et indubitata fides adhiberi, ac 
talis et tanta, qualis et quanta, dicto transsumpto originali seu Uteris in eodem 
contentis adhiberetur, si in ipsius originalis transsumpti vel literarum originalium 
in eodem contentarum forma in medium produceretur seu producerentur : In 
quorum omnium et singulorum fidem et testimonium premissorum, presentes 
literas siue presens publicum instrumentum, huiusmodi transsumptum in se con- 
tinentes siue continens, per dictum notarium nostrum scribam curie exemplari et 
publicari sigillique officii nostri quo vtimur iussimus et fecimus appensione com- 



APPENDIX OF CHARTERS, ETC. 217 

muniri. Datum et actum in ecclesia Beati Leonardi prescripta, loco videlicet 
sessionis nostre ad causas audiendas solito et consueto, die sexta mensis Marcii, 
anno Domini millesimo quadringentesimo octuagesimo, secundum cursum et com- 
potum ecclesie Scoticane, indictione decima quarta, pontificatus sanctissimi in 
Christo patris et domini nostri domini Sexti diuina prouidencia Pape quarti anno 
decimo ; presentibus ibidem venerabilibus et circumspectis viris, magistris et 
dominis Willelmo Mowat canonico Morauiensi, Jolianne Gardyne vicario de Kelly- 
moir, Jolianne Zonge vicario de Drone, in artibus magistris, Dauid Dewar presby- 
tero, Symone Campion notario publico, et Willelmo Thortone clerico, cum diuersis 
aliis testibus ad premissa vocatis specialiter et rogatis. 

Et ego Duncanus Yhalulok, presbyter Sancti Andree diocesis, publicus auctori- 
tatibus imperiali et regia notarius, quia premissis [etc. in forma com- 
muni]. 



15. Transumpt, made 24th Marcii 1424-5, of Charter by King Eobert the 
Third, confirming the grants made by Sir Walter de Leslie, Lord of 
Ross, to Sir Alexander Fraser. 28th October 1405. 

Transsumptitm de Begistro Eegis Eoberti tercii. Eobertus Dei gracia Eex 
Scotorum, omnibus probis hominibus tocius terre sue, clericis et laicis, salutem. 
Sciatis nos approbasse, ratificasse et hac presenti carta nostra confirmasse dona- 
ciones, concessiones, condiciones et pacta, que et quas fecit et concessit quondam 
Walterus de Lesli miles, dominus de Eosse, dilecto et fideli nostro Alexandro 
Fraser militi, de certis terris cum pertinenciis et annuis redditibus, iacentibus 
infra comitatus de Eosse et de Buchane ac dominium Galwidie : Tenendis et 
habendis dicto Alexandro et heredibus suis in feodo et hereditate, adeo libere et 
quiete, plenarie, integre et honorifice, bene et in pace, in omnibus et per omnia, 
sicut in Uteris siue euidenciis dicti quondam Walteri dicto Alexandro et heredibus 
suis inde confectis plenius continetur : Saluo nobis et heredibus nostris seruicio 
nostro inde debito et consueto : In cuius rei testimonium presenti carte nostre 
confirmacionis nostrum precepimus apponi sigillum : Testibus, reuerendo in 
Christo patre Gilberto episcopo Aberdonensi, cancellario nostro, Willelmo de 
vol. II. 2 E 



218 APPENDIX OF CHARTERS, ETC. 

Conyngham de Kilmauris, Dauid Flemyng de Bigare, Johanne de Eos de Hauk- 
hede, militibus ; Johanne Senescalli fratre nostro naturali, clerico probacionis 
domus nostre, Jolianne de Craufurde custode sigilli nostri secreti, secretario 
nostro in remotis agente, et Jacobo de Rermonth ; apud Dundonalde, vicesimo 
octauo die mensis Octobris,. anno Domini millesimo quadringentesimo quinto, 
regni nostri anno sexto decimo. Datum sub testimonio excellentissimi Principis 
sigillo Jacobi Dei gracia Eegis Scotorum illustris ad instanciam Willelmi Fraser 
de Filorth ; apud Perth, vicesimo quarto die mensis Marcii, anno Domini mille- 
simo quadringentesimo vicesimo quarto et regni sui decimo nono. 



16. Confirmation by King Robert the Second, of a Charter by Archibald 
de Douglas, Lord of Galloway and Bothwell, to Sir Alexander Fraser, 
knight, of eighty merk land in the lordship of Aberdour. Dated 31st 
December [1378]. 

Robertus Dei gratia Rex Scottorum, omnibus probis hominibus tocius terre sue, 
clericis et laicis, salutem. Sciatis nos cartam Archebaldi de Douglas, militis, domini 
Galwydie, consanguinei nostri dilecti, de mandato nostro visam, lectam, inspectam, 
et diligenter examinatam, non rasam, non abolitam, non cancellatam, nee in aliqua 
sui parte viciatam, intellexisse ad plenum, sub hac forma.- — Omnibus hanc cartam 
visuris vel audituris, Archebaldus de Douglas, dominus Galwydie et de Botheuill, 
salutem in Domino sempiternam. Noueritis nos dedisse, concessisse, et hac 
presenti carta nostra confirmasse dilecto confederato nostro, domino Alexandro 
Fraser militi, pro homagio et seruicio suo nobis impenso et impendendo, 
octoginta marcatas in terris et molendinis, cum eorum multuris et sequelis, in 
dominio nostro de Abredover infra vicecomitatum de Abredene : Tenendas et 
habendas predicto domino Alexandro et domine Johanne sponse sue, vel eorum 
diucius viuenti, et heredibus dicti domini Alexandri de corpore suo legitime 
procreatis vel procreandis, de nobis et heredibus nostris ; quibus forte, quod absit, 
deficientibus, de Johanna sponsa nostra et heredibus suis dicti dominii de 
Abredouer, in feodo et hereditate, per omnes rectas metas et diuisas suas, in 
boscis et planis, moris, marresiis, pratis, pascuis et pasturis, aquis, stagnis, 
venacionibus, aucupacionibus et piscariis, et cum omnibus aliis commoditatibus, 



APPENDIX OF CHARTERS, ETC. 219 

libertatibus, aysiamentis et iustis pertinenciis quibuscunque, tarn non nominatis 
quam nominatis, ad easdem terras et molendina spectantibus, seu quoquo 
modo iuste spectare valentibus in futurum : Faciendo inde nobis et heredibus 
nostris, quibus forte, quod absit, deficientibus, dicte Johanne sponse nostre, et 
heredibus suis dicti dominii de Abredouer, dictus dominus Alexander et heredes 
sui de corpore suo legitime procreati vel procreandi, forinsecum seruicium quantum 
pertinet dictis terris et molendinis : Et nos dictus Archebaldus, et heredes nostri 
dominii de Abredouer, dictas octoginta marcatas terrarum dictarum et molendi- 
norum cum pertinenciis, predicto domino Alexandro et Johanne sponse sue, vel 
eorum diucius viuenti, et heredibus dicti domini Alexandri de corpore suo legitime 
procreatis vel procreandis, contra omnes homines et feminas warantizabimus, 
acquietabimus et imperpetuum defendemus : Quibus heredibus dicti Alexandri de 
corpore suo legitime procreatis vel procreandis forte deficientibus, volumus quod 
dicte octoginta marcate terrarum predictarum et molendinorum cum pertinenciis 
ad nos et heredes nostros, quibus forte deficientibus, quod absit, ad dictam Johan- 
nam sponsam nostram, et heredes suos dominos dicti dominii de Abredouer, libere 
et integre reuertantur : In cuius rei testimonium presenti carte nostre sigillum 
nostrum est appensum ; hiis testibus, dominis Patricio de Hepburne, Roberto 
Senescalli de Innermeth, Johanne de Abernethy, militibus ; domino Johanne de 
Carrie canonico Glasguensi, rectore ecclesie de Botheuyll, Thoma de Irwyne, 
Johanne de Crechtoun, Eustacio de Maxwell et Thoma de Rate cum aliis. Quam 
quidem cartam, donacionemque et concessionem in eadem contentas, in omnibus 
punctis suis et articulis, condicionibus et modis ac circumstanciis suis quibuscunque, 
forma pariter et effectu, in omnibus et per omnia, approbamus, ratificamus, ac pro 
nobis et heredibus nostris inperpetuum confirmamus ; saluo seruicio nostro : In 
cuius rei testimonium presenti carte nostre confirmacionis nostrum precepimus 
apponi sigillum; testibus, venerabilibus in Christo patribus Willelmo et Johanne 
cancellario nostro, Sancti Andree et Dunkeldensis ecclesiarum episcopis ; Johanne 
primogenito nostro de Carrie, senescallo Scocie, Roberto de Fyf et de Meneteth 
filio nostro dilecto, Willelmo de Douglas et de Marre consanguineo nostro, comiti- 
bus, Jacobo de Lyndesay nepote nostro karissimo, et Alexandro de Lyndesay, 
militibus : apud monasterium de Aberbrothok, vltimo die Decembris, anno regni 
nostri octauo. 



220 APPENDIX OF CHARTERS, ETC. 

17. Charter by James de Douglas, Lord of Abercorn and Aberdour, to 
William Fraser, of the lands of Over Pettouly, etc. 25 th October 
1408. 

Omnibus hanc cartara visuris uel audituris, Jacobus de Douglas, dominus de 
Abircorn et de Abirdowir, salutem in Domino sempiternam. Sciatis nos dedisse, 
concessisse, et hac presenti carta nostra, pro nobis et heredibus nostris ac succes- 
soribus imperpetuum, confirmasse carissimo consanguineo nostro, Willelmo Fraser, 
pro suis benemeritis nobis multipliciter impensis, totas et integras terras de Ouir 
Pettouly, de Nethir Pettouly, Petslegach, Culburty, le Quarale, Ardelach, Achlun, 
le thre Bulgenis, cum molendino de Bulgeny, Glascelach, Culcaoch, Achmacludy, 
Drumwhendil cum molendino eiusdem, Mamsy cum molendino de Badechale et de 
Eathin, cum pertinenciis, iacentes in baronia de Abirdowir infra vicecomitatum de 
Abirden : Que quidem terre cum pertinenciis fuerunt domini Alexandri Fraser, 
militis, patris sui, hereditarie, et quas idem Alexander, non vi aut metu ductus 
nee errore lapsus, sed mera et spontanea voluntate sua, in manus nostras, coram 
testibus infrascriptis, per fustum et baculum sursum reddidit, pureque simpliciter 
resignauit, ac totum ius et clameum que in dictis terris cum pertinenciis habuit 
uel habere poterit, pro se et heredibus suis omnino quitum clamauit imperpetuum : 
Tenendas et habendas omnes et singulas prenominatas terras cum pertinenciis 
predicto Willelmo et heredibus suis, de nobis et heredibus nostris, in feodo et 
hereditate impierpetuum, per omnes rectas metas suas antiquas et diuisas, in boscis, 
planis, moris, marresiis, aquis, stagnis, viis, semitis, pratis, pascuis et pasturis, 
molendinis, multuris et eorum sequelis, cum curiis, escaetis et curiarum exitibus, 
aucupacionibus, veuacionibus et piscariis, cum fabrinis et bracinis, petariis, turbariis 
et carbonariis, ac cum omnimodis aliis libertatibus, commoditatibus et aisiamentis ac 
iustis pertinenciis quibuscunque, tarn non nominatis quam nominatis, tarn sub terra 
quam supra terram, procul et prope, ad predictas terras cum pertinenciis spectanti- 
bus seu iuste spectare valentibus quomodolibet in futurum, adeo libere et quiete, 
plenarie, integre et honorifice, bene et in pace, in omnibus et per omnia, sicut 
predictus dominus Alexander predictas terras cum pertinenciis de nobis ante 
dictam resignacionem nobis factam, liberius, quiecius, plenius et honorificencius, 
tenuit seu possedit : Faciendo nobis et heredibus nostris predictus Willelmus et 
heredes sui, de predictis terris cum pertinenciis seruicia debita et consueta : 





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APPENDIX OF CHARTERS, ETC. 221 

Reseruato tamen predicto domino Alexandra liberotenemento dictarum terrarum 
cum pertinenciis, pro toto tempore vite sue ; ac eciam reseruata domine Elizabet, 
spouse sue, tercia parte sua dictarum terrarum cum pertinenciis, pro toto tempore 
vite sue, si superuixerit dominum Alexandrum maritum suum antedictum : Et 
nos vero dictus Jacobus de Douglas et heredes nostri omnes et singulas predictas 
terras cum pertinenciis predicto Willelmo Fraser et heredibus suis contra omnes 
homines et feminas warantizabimus, acquietabimus et imperpetuum defendemus : 
In cuius rei testimonium presenti nostre carte sigillum nostrum apponi fecimus ; 
apud Edynburgli vicesimo quinto die mensis Octobris, anno Domini millesimo 
quadringentesimo octauo ; testibus, reuerendis in Christo patribus, dominis 
Gilberto episcopo Abirdonensi, cancellario Scocie, Eoberto episcopo Dunkeldensi, 
Waltero episcopo Brecbinensi, magnifico et potente domino domino Arcbibaldo 
comite de Douglas domino Galwidie, domino Willelmo de Borthwik milite, 
magistro Alexandro Barbare arcliidiacono Catanensi, Willelmo Lang rectore 
ecclesie de Turray, Willelmo de Borthwik filio, cum multis aliis. 

1 8. Confirmation by Archibald Earl of Douglas, of the Grant in the 
preceding Charter. 28th October 1408. 

Omnibus banc cartam visuris uel audituris, Archibaldus comes de Douglas et 
dominus Galwidie, sa[lutem in Do]mino sempiternam. Sciatis nos ratificasse, 
approbasse, et pro nobis et heredibus nostris, imperpetuum confirmasse donacionem 
et conc[essionem, qu]as carissimus frater noster germanus, Jacobus de Douglas, 
dominus baroniarum de Abircorn et de Abirdoure, fecit et co[ncessit dilecto 
conjsanguineo nostro, Willelmo Fraser, de omnibus et singulis terris de 
Ouirpettouly, de Nethirpettouly, Petslegach, Culburty . . . le thre Bulgenis 
cum molendino de Bulgeny, Glascelach, Culcaoch, Achmacludy, Tulynamolt 
cum molendino eiusdem, . . . de Badecbale et de Rathin cum pertinenciis, 
iacentibus in dicta baronia de Abirdoure, infra vicecomitatum de [Abirden : 
Tenendas et habendas] dictas terras cum pertinenciis predicto Willelmo et here- 
dibus suis, in feodo et hereditate imperpetuum, per omnes rectas met[as suas 
antiquas et] diuisas, cum omnibus et singulis libertatibus, commoditatibus et 
aisiamentis ac iustis pertinenciis quibuscunque, ad predic[tas terras cum] perti- 
nenciis spectantibus seu iuste spectare valentibus quoniodolibet in futurum, adeo 



222 APPENDIX OF CHARTERS, ETC. 

libere et quiete, plenarie, integre et lionorifice, bene et in pace, in omnibus et per 
omnia, sicut carta dicti Jacobi fratris nostri dicto Willelmo consanguineo nostro 
inde confecta in se plenius [contin]et, proportat, et testatur : In cuius rei testi- 
monium presenti carte nostre confirm acionis sigillum nostrum apponi fecimus, 
apud Edynburgh, vicesimo octauo die mensis Octobris, anno Domini millesimo 
quadringentesimo octauo. 



19. Confirmation by Archibald Earl of Douglas, of Charter by his 
brother James de Douglas, lord of Abercorn and of the barony of Aber- 
dour, to Patrick Eeede Eamsay, of the lands of Little Drumwhendill, 
on the resignation of Sir Alexander Fraser. Charter dated 31st 
October 1408. 

Omnibus hanc cartam visuris vel audituris, Archibaldus comes de Douglas, 
dominus Galwidie et vallis Anandie, salutem in Domino sempiternam. Noueritis 
nos quamdam cartam carissimi fratris nostri, Jacobi de Douglas domini de Abir- 
corne, factam dilecto nostro Patricio Eeede Eamsay de terris de Drumqwhendill 
cum pertinenciis, in baronia de Abirdour, infra vicecomitatum de Abirdoun, de 
mandato nostro visam, lectam, inspectam et diligenter examinatam, non rasam, 
non abolitam, non cancellatam, nee in aliqua sui parte viciatam, sed omni prorsus 
vicio et suspicione carentem, intellexisse ad plenum, sub hac forma. — Omnibus 
hanc cartam visuris vel audituris, Jacobus de Douglas, dominus de Abircorne et 
baronie de Abirdour in Buchania, salutem in Domino sempiternam. Nouerit 
vniuersitas vestra nos dedisse, concessisse, et hac presenti carta nostra confir- 
masse, pro nobis, heredibus et successoribus nostris dicte baronie de Abirdour, 
dilecto scutifero nostro Patricio Eeede Eamsay, pro fideli seruicio suo nobis 
impenso et pro toto tempore vite sue impendendo, omnes terras nostras de Litil 
Drumqwhendill cum pertinenciis, in dicta baronia nostra de Abirdour, infra vice- 
comitatum de Abirdoun : Quequidem terre cum pertinenciis fuerunt domini Alex- 
andri Fraser, militis, consanguinei nostri, hereditarie ; et quas idem dominus 
Alexander, non vi aut metu ductus nee errore lapsus, sed mera et spontanea 
voluntate sua, apud Edinburgh, in manus nostras sursum reddidit, per procura- 
tores suos, videlicet, reuerendum in Christo patrem, Gilbertum Dei gracia 
episcopum Abirdonensem, cancellarium Scocie, et discretum virum dominum 



APPENDIX OF CHAETEBS, ETC. 223 

Willelmum Lang, rectorem ecclesie de Turre, sufficientem potestatem ad hoc 
habentes, et specialiter consfcitutos, et per eosdem procuratores, per fustem et 
baculum et literas dicti domini Alexandri resignacionis, pureque et simpliciter 
resignauit, in presentia reuerendorum in Christo patrum, dominorum Gilberti Dei 
gracia Abirdonensis, cancellarii Scocie, Eoberti Dunkeldensis, et "Walteri Brechin- 
ensis ecclesiarum episcoporum, necnon magnifici et potentis domini, domini 
Archibalds comitis de Douglas, domini Galwidie, fratrisque nostri carissimi, 
Willelmi de Fentoun domini eiusdem, Willelmi de Fayrle domini de Brade, et 
aliorum multorum fidedignorum, vicesimo quinto die mensis Octobris, anno 
Domini millesimo quadringentesimo octauo, ac totum ius et clameum que in 
dictis terris cum pertinenciis habuit uel habere potuit a se et heredibus suis 
omnino quietum clamauit imperpetuum : Tenendas et habendas dictas terras de 
Litil Drumqwhenddl cum pertinenciis dicto Patricio, heredibus et assignatis suis, 
de nobis et heredibus ac successoribus nostris, baronibus de Abirdoure, in feodo 
et hereditate imperpetuum, per omnes rectas metas et antiquas diuisas suas, in 
moris, marresiis, boscis, planis, pratis, pascuis et pasturis, viis, semitis, aquis, 
stagnis, molendinis, multuris et eorum sequelis, aucupacionibus, piscacionibus, 
venacionibus, petariis, turbariis, brueriis et genestis, lapide, calce et carbonibus, ac 
cum communi pastura et libero introitu et exitu, cum curiis et curiarum exitibus, 
heryheldis, blodwitis et merchetis mulierum, et cum omnibus aliis et singulis liber- 
tatibus, commoditatibus, aysiamentis et iustis pertinenciis suis quibuscunque, tarn 
nominatis quam non nominatis, tarn sub terra quam supra terrain, tarn prope quam 
procul, ad dictas terras cum pertinenciis spectantibus seu iuste spectare valentibus 
quomodolibet in futurum, adeo libere et quiete, plenarie, integre et honorifice, bene 
et in pace, in omnibus et per omnia, sicut dictus dominus Alexander Fraser 
easdem terras cum pertinenciis liberius, quiecius, plenius, integrius et honorificen- 
cius, ante resignacionem suam nobis inde factam, tenuit seu possedit : Reddendo 
hide annuatim dictus Patricius, heredes et assignati sui, nobis et heredibus nostris, 
vnum denarium argenti nomine albe firme, si petatur, ad capitale meswagium 
dicte baronie in festo Pentecostes, tantum, pro omni alio seruicio seculari, consue- 
tudine, exactione, onere vel demanda, que de dictis terris cum pertinenciis per 
quoscunque aliqualiter exigi poterunt aut requiri : In cuius rei testimonium pre- 
senti carte nostre sigillum nostrum apponi fecimus ; apud Edinburgh, vltimo die 
mensis Octobris predicti, anno supranotato; testibus, reuerendis in Christo 



224 APPENDIX OF CHARTERS, ETC. 

patribus ac dominis, Gilberto Abirdonensis, Eoberto Dunkeldensis et Waltero 
Brechinensis ecclesiarum episcopis ; magnifico et potente domino, domino Archi- 
baldo comite de Douglas domino Galwidie, fratre nostro carissimo j domino 
Willelmo de Borthwyke domino de Ligartwode, Willelmo de Bortbwyke filio suo 
et herede, consanguineis nostris ; Willelmo de Fentoun domino eiusdem, domino 
Willelmo Lang rectore ecclesie de Turre, Georgeo de Lawedir, scutifero nostro, 
cum multis aliis. — Quamquidem cartam, donacionemque et concessionem in eadem 
contentas, in omnibus punctis suis et articulis, condicionibus et modis ac circum- 
stanciis suis quibuseunque, forma pariter et effectu, in omnibus et per omnia, 
approbamus, ratificamus, et pro nobis et beredibus nostris imperpetuum confirma- 
mus : In cuius rei testimonium presenti carte nostre confirmacionis sigillum 
nostrum apponi fecimus : Hiis testibus, nobilibus et prouidis viris, carissimo 
fratre nostro, Jacobo de Douglas antedicto ; necnon dominis Willelmo del Haya 
domino de Louchqworwart, Willelmo de Bortliwyke domino de Ligeartwode, 
Willelmo de Craufurde domino del Ferme, militibus, consanguineis nostris 
dilectis, ac magistris Alexandro de Carnys, preposito ecclesie collegiate de 
Lyncludane, et Matheo de Gedes, rectore ecclesie Beate Marie de Foresta, clericis 
nostris dilectis, cum multis aliis. 

20. Charter by Isobel de Douglas, Countess of Mar and Gariocb, to 
William Fraser her kinsman, and Elinor de Douglas bis spouse, 
of the lands of Tibarty and Utlaw. 8th December 1404. 

Omnibus hanc cartam visuris . . . Issobella de Dowglas, comitissa de Marr et 
Garuiaucb, salutem. . . . Noueritis nos, in nostra pura viduitate, dedisse . . . et 
hac presenti carta nostra confirmasse dilecto nostro affini, Gulielmo Fraser, et 
Elinore de Duglas sponse sue, et eorum diutius viuenti, et heredibus suis, in libero 
maritagio, totas terras nostras de Tibarty et Wtlaw cum pertinentiis, infra 
baroniam de Strauthaveth in vicecomitatu de Baumff: Tenendas . . . de nobis 
et beredibus nostris, in feudo et bereditate . . . Beddendo inde . . . nobis et 
heredibus nostris annuatim tres sectas ad curias nostras capitales ... In cuius 
rei testimonium sigillum nostrum presentibus fecimus apponi ; apud castrum 
nostrum de Kyndromie, octauo die mensis Decembris, anno Domini millesimo 
quadringentesimo quarto : Testibus, reuerendo in Cbristo patre et domino, domino 



APPENDIX OF CHAKTEPtS, ETC. 225 

Alexandre) episcopo Rossensi, Magistro Joanne decano eiusdem ecclesie, Andrea 
de Lesly, milite, Valtero Ogiluy, Wilhelmo de Ca . . . Thoma Gray, Alexandra 
de Irwing, cum multis aliis. 1 

21. Letters of Bailliary by James de Douglas of Balvany, for infefting 

Alexander Fraser of Philorth in the lands of Culburty and others. 

6th October [1430]. 
Vniuersis ad quorum noticiam presentes litere peruenerint, Jacobus de Douglas 
de Balvany, salutem in Domino. Sciatis me fecisse, constituisse, et tenore presen- 
cium ordinasse, ac per presentes facere, constituere et eciam ordinare dilectum 
meum Simonem Banerman balliuum meum hac vice specialiter deputation, ad 
dandum, pro me et no[mine] meo, Alexandro Frasare, filio et heredi Willelmi 
Frasare de Fylorth, sasinam hereditariam terrarum de Culburty, Mamsy, et 
terrarum de Ouir Pettouly, Nethir Pettouly et de Bathin, cum perfcinenciis, 
iacencium in dominio de Abrecorn, infra vicecomitatum de Abirdene : Ad quod 
vero faciendum dicto Simoni hac vice meam committo plenariam potestatem, 
saluo iure cuiuslibet : In cuius rei testimonium presentibus, quia sigillum proprium 
ad presens non habui, sigillum nobilis domini Alexandri de Setone, domini de 
Gordone, coram testibus subscriptis, apponi presentibus procuraui, viz. Johanne de 
Sancto Michaeli, Boberto de Dalzell, et Willelmo de Setone, testibus cum m[ultis] 
a[liis] ; apud Pertb, sexto die mensis Octobris, anno Domini millesimo cccc mo xx[x]. 

22. Confirmation by Alexander Stewart, Earl of Mar and Garioch, of 

Grant by William Fraser of Philorth to Alexander Fraser his son 
and Marjory Menzies his spouse, of the lands of Tibarty and Utlaw. 
Circa 1430. [Copy.] 
Omnibus hoc scriptum visuris vel audituris, Alexander Stewart comes de Marr et 
de Gervyauch, salutem in Domino. Sciatis nos approbasse, ratificasse, et hac 
presenti carta nostra confirmasse donationem et concessionem illas quas dilectus 
noster Willelmus Fraser de Fillorth fecit et concessit Alexandro Fraser, filio suo et 
heredi, et Meriorie Meignes sponse sue, de terris de Cuberdy [Tiberdy] et Utlaw cum 
pertinenciis, iacentibus in baronia de Strathalbeth, infra vicecomitatum de Bamf : 
1 Antiquities of Aberdeenshire, voL iii. p. 570, from Original at Philorth. 
VOL. II. 2 F 



226 APPENDIX OF CHARTERS, ETC. 

Tenendas et habendas totas predictas terras de Cuberdy [Tiberdy] et Utlaw cum 
pertinenciis predictis Alexandro et Meriorie, ac eorum diutius viventi, et lieredibus 
inter ipsos legitime procreandis, quibus forte deficientibus Isabelle filie sue et 
heredibus inter ipsam et Gilbertum Meignes procreatis seu procreandis, de nobis 
et successoribus nostris, in feodo et liereditate imperpetuum, per omnes rectas 
metas suas et divisas ; ac cum omnibus aliis et singulis comoditatibus, libertatibus 
et aysiamentis ac iustis pertinencijs quibuscunque, ad dictas terras spectantibus 
seu spectare valentibus quovismodo in futurum, adeo libere et quiete, plenarie, 
integre, honorifice, bene et in pace, in omnibus et per omnia, prout in carta dicti 
Willelmi Fraser eisdem Alexandro et Meriorie ac heredibus supradictis inde con- 
fecta plenius continetur; salvo tamen nobis et successoribus nostris servicio 
debito et consueto. In cuius rei testimonium presenti scripto nostro sigillum 
nostrum apponi fecimus, apud burgum de Perth ; hiis testibus, Alexandro de Setone 
domino de Gordon, Willelmo de Seton, Willelmo de Lesly, Alexandro de Ogilwy, 
Thoma de Camera, Johanne Waus, Georgio de Inchemartyne, cum multis aliis. 
What is above written is an exact copy of the original charter of confirmation 
found in the Charter-chest of John Menzies, Esq. of Pitfoddels, without 
any addition or diminution, only the contractions are not always exactly 
copyed. Which is attested by me, notary publick subscribing, at Aber- 
deen, the 4th July 1790. 

Premissa rogatus attestor, 

William Smith, N. P. 

23. Charter by King James the Second to Alexander Fraser, 
of the barony of Philorth. 9th February 1455-6. 

Jacobus Dei gracia Eex Scotorum, omnibus probis hominibus tocius terre sue, 
clericis et laicis, salutem. Sciatis nos dedisse, concessisse, et hac presenti carta 
nostra confirmasse dilecto et fideli nostro Alexandro Fresaile de Fillorth, terras de 
Fillorth cum pertinenciis, et terras de Abirdoure cum pertinenciis, que fuerunt 
dicti Alexandri, iacentes infra vicecomitatum nostrum de A[bird]ene ; ac eciam 
terras de Tebarti de Vtelaw cum pertinenciis, iacentes in baronia de Strathalva, 
infra vicecomitatum nostrum de Bamf : Que omnes et singule terr[e pjredicte 
cum pertinenciis fuerunt dicti Alexandri Fresale hereditarie ; et quas idem 



APPENDIX OF CHARTERS, ETC. 227 

Alexander, non vi aut metu ductus, nee errore lapsus, sed sua mera et spontanea 
voluntate, in manus nostras apud Abirdene, coram subscriptis testibus, per fustem 
et baculum, personaliter sursum reddidit, pureque simpliciter resignauit, ac totum 
ius et clameum que in dictis terris cum pertinenciis habuit seu habere potuit, pro 
se et heredibus suis omnino quitumclamauit imperpetuum : Quas terras de Fillorth, 
de Abirdoure, de Tebarty et de Vtelaw cum pertinenciis, in vnam meram inte- 
grant et liberam baroniam Baroniam de Fillorth perpetuis futuris temporibus 
nuncupandam, incorporauimus, annexauimus et vniuimus, ac incorporamus, 
annectimus et vnimus pro perpetuo, tenore presentis carte : Tenendas et habendas 
[omnes et] singulas supradictas terras de Phi[lorth, d]e Abirdoure, de Tebarti et de 
Vtelaw cum pertinenciis, per nos in vnam meram et liberam baroniam Baroniam 
de Philorth, vt premittitur, perpetuis temporibus affuturis nuncupandam, vnitas 
et incorporatas, predicto Alexandra et heredibus suis, de nobis, heredibus et suc- 
cessoribus nostris, regibus Scocie, in feodo et hereditate imperpetuum, per omnes 
rectas metas suas antiquas et diuisas, prout iacent in longitudine et latitudine, 
cum tenandiis, tenandriis et liberetenencium seruiciis, furca et fossa, sok, sac, thol, 
theme, infangandtheif, outfangandtheif, in boscis, plafnis], moris, marresiis, viis, 
semitis, aquis, stagnis, riuolis, pratis, pascuis et pasturis, molendinis, multuris, et 
eorum sequelis, aucupacionibus, venacionibus, piscacionibus, petariis, turbariis, 
carbonariis, lapicidiis, lapide et calce, fabrilibus, brasinis, brueriis et genestis, 
cum curiis et earum exitibus, herizeldis, bludewittis et merchetis mulierum, ac 
cum omnibus aliis et singulis libertatibus, commoditatibus et asiamentis ac iustis 
pertinenciis suis quibuscunque, tarn non nominatis quam nominatis, ad dictas 
terras de Fillorth, Abirdoure, Tebarti de Vtelaw cum pertinenciis, per nos in 
vnam meram et liberam baroniam, vt premittitur, incorporatas et vnitas, spec- 
tantibus seu quouismodo iuste spectare valentibus in futurum ; et adeo libere, 
quiete, plenarie, integre, honorifice, bene et in pace, in omnibus et per omnia, 
sicut dictus Alexander aut aliquis predicessorum suorum prenominatas terras cum 
pertinenciis, de nobis aut predicessoribus nostris, ante dictam resignacionem nobis 
inde factam, liberius tenuit seu possedit : Reddendo annuatim dictus Alexander et 
heredes sui tres sectas ad tria placita capitalia vicecomitatus nostri de Abirdene 
singulis annis apud burgum nostrum de Abirdene imperpetuum tenenda, tan turn. 
In cuius rei testimonium presenti carte nostre magnum sigillum nostrum apponi 
precepimus ; testibus, reuerendo in Cristo patre Georgeo episcopo Brechinensi ; 



228 APPENDIX OF CHAPTERS, ETC. 

dilectis consanguineis nostris, Jacobo de Levingstoune, magno [camerario] nostro, 
Thoma domino Erskin, Alexandro domino Montgomerie, Willelmo de Morauia de 
Tulibardin, et magistro Kicardo Forbas, nostrorum compotorum rotulatore ; apud 
Spine, nono die mensis Februarii, anno Domini millesimo quadringentesimo quin- 
quagesimo qninto, et regni nostri decimo nono. 



24. Charter by Sir Alexander Fraser, Knight, to Alexander his son, and 
others, failing whom, to his cousin Hugh Lord Fraser of Lovat, of the 
Barony of Philorth. 1 3th July 1464. 

Omnibus hanc cartam visuris vel audituris, Alexander Fraser de Fillorth, miles, 
salutem in Domino sempiternam. Noueritis me dedisse, concessisse, et hac pre- 
senti carta mea confirmasse carissimo filio meo et apparenti heredi, Alexandro 
Fraser, omnes et singulas terras meas baronie de Fillorth, tarn in proprietate quam 
in tenandiis, iacentes infra vicecomitatum de Abirdene : Tenendas et habendas 
totas et integras terras predictas cum suis pertinenciis prefato Alexandro filio meo, 
et heredibus suis masculis de corpore suo legitime procreatis aut procreandis ; 
quibus forte deficientibus, quod absit, Jacobo Fraser, filio meo secundario, et 
heredibus suis masculis de corpore suo legitime procreatis seu procreandis ; 
quibus forte deficientibus, Willelmo Fraser, filio meo ternario, et heredibus suis 
masculis de corpore suo legitime procreatis aut procreandis ; quibus forte defi- 
cientibus, Johanni Fraser, filio meo quaternario, et heredibus suis masculis de 
corpore suo legitime procreatis seu procreandis ; quibus forte deficientibus, Andree 
Fraser, filio meo quinquinario, et heredibus suis masculis de corpore suo legitime 
procreatis seu procreandis ; quibus forte deficientibus, Georgio Fraser, filio meo 
sexternario, et heredibus suis masculis de corpore suo legitime procreatis aut 
procreandis ; quibus deficientibus, quod absit, heredibus meis veris et legitimis de 
corpore meo procreandis quibuscunque ; quibus omnibus deficientibus, quod absit, 
dilecto consanguineo meo, Hugoni domino Fraser de Lowet, et heredibus suis 
masculis de corpore suo legitime procreatis aut procreandis quibuscunque ; quibus 
forte deficientibus, heredibus propinquioribus cognominis nostri vocati Fraser, in 
forma tallie strictissima et firmissima, de domino nostro Eege, in feodo et hereditate 
imperpetuum ; per omnes rectas metas suas antiquas et diuisas, in moris, marresiis, 
pratis, planis, pascuis et pasturis, aquis, stagnis, siluis et virgultis, molendinis, 



APPENDIX OF CHAPTERS, ETC. 229 

multuris et eorum sequelis ; cum curiis et curiarum exitibus ; cum brasinis et 
fabrilibus, herieldis, bludwetis et merchetis mulierum ; cum infangandthef et out- 
fangandthef, cum toll et theme, ariagiis, cariagiis, bondagiis et dietis, et cum omnibus 
aliis et singulis libertatibus, commoditatibus et aisiamentis ac iustis suis per- 
tinenciis quibuscunque, tarn non nominatis quam nominatis, tarn subtus terra 
quam supra terram, tarn prope quam procul, ad dictas terras cum pertinenciis 
spectantibus seu iuste spectare valentibus in futurum, adeo libere, quiete, plenarie, 
integre, honorifice, bene et in pace, in omnibus et per omnia, sicut ego prefatus 
Alexander aut predecessores mei dictas [terras] et tenandias cum suis pertinenciis 
de domino nostro Rege tenui et possedi, tenuerunt et possederunt, sine reuocatione 
aliquali : Saluo michi libero tenemento dictarum terrarum cum pertinenciis pro 
toto tempore vite mee, et racionabili tercia earundem Mariorie Meignes, sponse 
mee, et iure suo quantum pertinet ad easdem terras cum pertinenciis : Faciendo 
inde domino nostro Regi et lieredibus suis, prefatus Alexander Fraser, Alius meus, 
et heredes sui masculi de corpore suo legitime procreati aut procreandi, et ceteri 
in ordine in huiusmodi tallia expressati, ut premittitur, vice sua, cum contigerit, 
seruicium de dietis terris debitum et consuetum, tantum, pro omni alio seruicio 
seculari, exactione seu demanda, que de predictis terris cum pertinenciis et suis 
tenandiis aliqualiter exigi poterit aut requiri : Et ego vero prefatus Alexander 
Fraser de Fillorth, miles, totas et integras terras baronie de Fillorth cum tenandiis 
earundem, cum suis pertinenciis, prefato Alexandre, filio meo primogenito, et 
beredibus suis masculis de corpore suo legitime procreatis seu procreandis ; quibus 
forte deficientibus, Jacobo Fraser filio meo secundario, et heredibus suis masculis 
de corpore suo legitime procreatis aut procreandis ; quibus forte deficientibus, 
Willelmo Fraser, filio meo ternario, et heredibus suis masculis de corpore suo 
legitime procreatis seu procreandis ; quibus forte deficientibus, Johanni Fraser, 
filio meo quaternario, et heredibus suis masculis de corpore suo legitime procreatis 
seu procreandis ; quibus deficientibus, Andree Fraser, filio meo quinquinario, et 
heredibus suis masculis de corpore suo legitime procreatis seu procreandis; 
quibus forte deficientibus, Georgio Fraser, filio meo sexternario, et heredibus suis 
masculis de corpore suo legitime procreatis seu procreandis ; quibus deficientibus, 
quod absit, heredibus meis legitimis et masculis de corpore meo procreandis 
quibuscunque ; quibus omnibus deficientibus, quod absit, dilecto consanguineo 
meo Hugoni domino Fraser de Lowet, et lieredibus suis masculis de corpore 



230 APPENDIX OF CHARTERS, ETC. 

suo legitime procreatis aut procreandis ; quibus forte deficientibus, heredibus 
legitimis cognominis nostri vocati Fraser nobis propinquioribus et masculis quibus- 
cunque, ut premittitur, contra omnes mortales varantizabimus, acquietabimus et 
imperpetuum defendemus : In cuius rei testimonium sigillum meum liuic pre- 
senti carte mee est appensum, apud Aberdene, decimo tercio die mensis Julii, 
anno Domini millesimo quadringentesimo sexagesimo quarto ; testibus, vener- 
abili in Cliristo patre et domino, Willelmo abbate de Dere, Alexandra Fraser de 
Durris, Thoma Fraser de Stanywode, Andrea Menzes, Jacobo Meignes, Johanne 
Banerman de Watertoun, Alexandra Fraser, Eoberto de Balmannoch et domino 
Eoberto Leis capellano et notario publico, cum multis aliis. 

25. Charter by Hugh Lord Fraser of Lovat, failing beirs-male of his body, 
to his cousin, Sir Alexander Fraser of Philorth, of the lands of Kinnell, 
Lovat, etc. 13th July 1464. [Copy.] 

Omnibus hanc cartam visuris vel audituris, Hugo dominus Fraser de Lovet, 
salutem in Domino sempiternam. Noveritis, quod si contingat me de hac vita 
migrare et decedere sine heredibus masculis vel herede masculo de corpore meo 
legittime procreatis seu procreando, quod absit, me dedisse et concessisse, et hac 
presenti carta mea confirmasse, dilecto consanguineo meo Alexandra Fraser de 
Philorth militi, totas et integras terras meas de Kynnell, jacentes infra vicecomi- 
tatum de Forfar ; necnon tertiam partem barronie [et] terrarum de lie Airde cum 
pertinentiis, videlicet, Stratherrick ; tertiam partem terrarum de Glenelg, cum 
pertinentiis, de tribus Leis, Muckavie, Balvraid, Leinach, cum duabus Daltilichs, 
et de Dalcross, cum pertinenciis infra regalitatem Moravie ; etiam Gusha- 
chan, Kirkomyr, Mauls et Wester Eskidels, jacentes in Straglas, infra barroniam 
de Airde, infra vicecomitatum de Invernes ; et terras singulas meas de Lovett 
quibuscunque : Tenendas et habendas totas et integras terras supra- 
dictas cum pertinentiis suis prefato consanguineo meo, Alexandro 

Fraser militi, et heredibus suis masculis de corpore suo legitime procreatis et 
procreandis, quibus forte deficientibus, quod absit, heredibus meis masculis et 
propinquioribus cognominis mei quibuscunque, de domino nostro Eege, in feodo 
et hereditate in perpetuum, per omnes metas suas antiquas et divisas, in moris et 
maresiis, pratis, pascuis et pasturis, aquis 
quibuscunque, tarn non nominatis quam nominatis, tarn subtus terra quam supra 



APPENDIX OF CHAPTERS, ETC. 231 

terrain, tarn prope quam procul, ad terras dictas cum suis pertinentiis spectantibus 
seu iuste spectare valentibus in futurum, adeo libere, quiete, plenarie, integre, 
honorifice, bene et in pace, in omnibus et per omnia, sicut ego prefatus Hugo, et 
predecessores mei, terras predictas cum suis pertinentiis, tenui aut possedi, 
tenuerunt seu possederunt, omnibus temporibus retroactis, sine molestatione 
aliquali : Salvo mihi libero tenemento omnium predictarum terrarum cum suis 
pertinentiis quibuscunque, pro toto tempore vite mee, et rationabili tertia 
Violette Lyonne, sponse mee . . . Reddendo inde dictus Alexander Fraser, 
miles, consanguineus meus, et lieredes sui masculi de corpore suo legittime 
procreati seu procreandi, quibus forte deficientibus, quod absit, heredibus mas- 
culis et propinquioribus cognominis mei quibuscunque, [heredes masculi et pro- 
jDinquiores cognominis mei quicunque] domino nostro Eegi servitium de dictis terris 
debitum et consuetum tantum, pro omni alio servitio seculari, exactione seu demanda, 
que de predictis terris cum suis pertinentiis exigi poterunt vel requiri : Et ego vero, . 
prefatus Hugo dominus Fraser, omnes et singulas terras predictas cum suis perti- 
nentiis et tenendriis prefato Alexandro Fraser, militi, consanguineo meo, et 
heredibus suis masculis de corpore suo legitime procreatis seu procreandis, quibus 
forte deficientibus heredibus meis masculis et propinquioribus quibuscunque cog- 
nominis mei de Fraser, in forma pariter et effectu, pro successoribus et heredibus 
meis, contra omnes mortales warrantizabimus, acquietabimus et in perpetuum 
defendemus : In cujus rei testimonium sigillum meum huic presenti carte mee 
tallie est appensum, apud Aberdeen, decimo tertio die mensis [Julii] anno Domini 
millesimo quadringentesimo sexagesimo quarto ; testibus, reverendo in Christo 
patre ac domino, Whilelrno abbate de Deir, Alexandro Fraser de Durrs, Thoma 
Fraser de Stonnywoade, Andrea Meignies de Aberdeen, Joanne viee- 

. comite, Alexandro Fraser, Roberto de Balmanoth, ac domino Roberto Keith [Leis?] 
capellano et notario publico, cum multis aliis. Jo. Skene, notarius. 

Indorsed : Exemplare carte tallie terrarum de Lovett, Kynnell, Airde etc. per 
Hugonem dominum Fraser de Lovett facte Alexandro Fraser de Filorth, 
militi, anno Domini 1464. 

Copied off the principal, quhich is in my Lord Saltoun's hands, by me, Robert 

Fraser, anno 1698. 1 

1 The original deed was probably returned, Lovat family, perhaps by the fifteenth Lord 
perhaps by the eleventh Lord Saltoun to the to Fraser of Strichen. 



232 APPENDIX OF CHARTERS, ETC. 

26. Precept by Hugh Fraser, Lord of Lovat, for infefting Sir Alexander 
Fraser of Fillorth in the lands of Lovat and Kynnell. 24th August 
1464. 

Hugo Fraser dominus de Lowet, Herbaldo Fraser, balliuo meo irreuocabili in 
hac parte constituto, salutem : Quia dedi et concessi nobili viro et consanguineo 
meo Alexandro Fraser de Fillorth, militi, omnes et singulas terras meas dominii 
de Lowet et de Kynnell, iacentes infra vicecomitatus de Inuernes et Forfar, et 
heredibus suis masculis de corpore suo legittime procreatis et procreandis, prout 
in carta tallie desuper confecta plenius continetur : Quare vobis precipio et mando 
quatenus, visis presentibus, indilate prefato Alexandro Fraser aut suo certo pro- 
curator! vel actornato, latori presencium, saisinam et possessionem dictarum 
terrarum mearum de Lowet et Kynnel cum vniuersis singulis pertinenciis suis, 
tradatis et deliberetis, secundum formam et tenorem carte talliacionis desuper 
confecte ; saluo iure cuiuslibet : Ad quod faciendum vobis tenore presencium 
meam plenariam potestatem committo per presentes : Et [in] signum saisine et 
possessionis per vos traditarum sigillum vestrum in secunda cauda iuxta meum 
sigillum appendatis. Datum sub sigillo, apud Abirden, xxiiij die mensis Augusti, 
anno Domini millesimo quadringintesimo sexagesimo quarto. 

27. Charter by Hugh de Eoss to Peter de Grame, of the lands of Scatterty 
and Byth. 30th March 1351. 

Omnibus hanc cartam visuris vel audituris, Hugo de Eosse, filius quondam domini 
Hugonis de Eosse comitis eiusdem, salutem eternam in Domino. Noueritis 
vniuersi nos dedisse, concessisse et hac presenti carta nostra confirmasse karis- 
simo awunculo nostro Petro de Grame, [pro seruicio] suo fideli nobis impenso 
et impendendo, terras nostras de Sk[aterdy] et de Beth, in Buchania infra tene- 
mentum de Kynnedor existentes, cum pertinenciis suis quibuscunque, [per] omnes 
metas suas antiquas et rectas diuisas : Tenendas et habendas dicto Petro awunculo 
nostro [et] heredibus suis, de nobis et heredibus nostris, in perpetuum, in feodo et 
hereditate, in boscis et planis, moris et maresiis, aquis et stagnis, pratis, pascuis et 
pasturis, in viis et semitis, piscariis, aucupacionibus et venacionibus, cum homini- 
bus legiis et natiuis, cum bracinis et molendinis, cum curiis, placitis et querelis, 
ac eciam cum omnimodis aliis commoditatibus, libertatibus et aisiamentis ad 



APPENDIX OF CHARTERS, ETC. 233 

predietas terras de Skaterdy et de Beth nunc spectantibus, vel aliquo tempore 
spectare valentibus in futurum, tain non nominatis quam nominatis, libere, quiete, 
plenarie et honorifice : Beddendo inde annuatim nobis et heredibus nostris ipse 
Petrus et heredes sui vnum par cerotecarum ad festurn Pentecostes, si petatur, 
nomine albe firme, pro omni alio onere, seruicio, [exaccione] seu demanda seculari 
inde faciendis que per nos vel heredes nostros de pre[nominatis terris] . . . vel 
aliqualiter demandari; et faciendo domino nostro Begi [seruicium] inde debitum et 
consuetum: Nos vero, Hugo de Eosse antedictus, et heredes nostri prefatas terras 
de Skaterdy et de Beth cum omnibus pertinenciis suis, vt predictum est, predicto 
Petro awunculo nostro et heredibus suis contra omnes homines et feminas war- 
antizabimus, acquietabimus et in perpetuum defendemus : In cuius rei testimonium 
sigillum nostrum, vna cum sigillo domini nostri reuerendi, domini fratris nostri, 
Willelmi comitis de Eosse domini de Sky, presenti carte nostre fecimus apponi ; 
apud Kynnedor, penultimo die mensis Marcii, anno Domini millesimo ccc mo quin- 
quagesimo primo ; coi'am hiis testibus, venerabilibus viris et discretis, fratre 
Donaldo Dei gracia abbate de Feryn, dompno Eoberto priore de Bello Loco, 
Johanne de Haya, Adam de Wrchard, Willelmo Marescer, Willelmo de Morauia, 
et multis aliis. 



28. Confirmation by John of the Isles, Earl of Boss, of Charter by Thomas 
Graham of Scatterty to Alexander Fraser of Philorth, of the lands of 
Scatterty and Byth. 24th February 1469-70. 

Omnibus hoc scriptum visuris vel audituris, Johannes de 111, comes Eossie et baro 
de Kynnedvarde, eternam in Domino salutem. Noueritis nos vidisse, inspexisse 
et ad plenum intellexisse quamdam cartam Thome Grayme de Scatyrty factam 
dilecto consanguineo nostro, Alexandro Fraser de Fillorth militi, de terris de 
Scatyrty et Bycht cum pertinenciis, iacentibus in baronia nostra de Kynnedvarde 
infra vicecomitatum de Abbirdene, sanam et integram, non viciatam, non cancel- 
latam, non rasam neque abolitam, nee in aliqua sui parte suspectam, sed omni 
prorsus vicio et suspicione carentem : Cuiusquidem carte tenor sequitur et est 
talis. — Omnibus banc cartam visuris uel audituris, Thomas Grayme de Scatyrty 
et Bytht salutem in Domino sempiternam. Noueritis me, vtilitate mea in hac 
parte debite preuisa et diligenter considerata, dedisse, concessisse, ac precise et 
VOL. II. 2 G 



234 APPENDIX OF CHARTERS, ETC. 

omnino vendidisse, necnon titulo pure vendicionis alienasse, et hac presenti carta 
mea confirmasse nobili viro Alexandre- Fraser de Fillorch, militi, totas et integras 
terras meas de Scatyrty et Bytht cum suis iustis pertinenciis, iacentes in baronia 
de Kynnedvarde, in comitatu Buchanie, infra vicecomitatum de Abbirdene, pro 
certa summa pecunie quam prefatus Alexander miclii tempore confectionis pre- 
sentis carte in pecunia nnmerata in mea graui et vrgente necessitate fideliter et 
realiter persoluebat ; de qua quidem summa teneo me bene contentum et plenarie 
persolutum, et eundem Alexandrum, heredes suos et assignatos exinde quiticlamo 
imperpetuum, per presentes : Tenendas et habendas dictas terras cum pertinenciis 
prefato Alexandra Fraser, heredibus suis et suis assignatis, de me et heredibus 
meis in feodo et hereditate imperpetuum, per omnes rectas metas suas antiquas 
et diuisas, in moris, marresiis, pratis, pascuis et pasturis, aucupacionibus, vena- 
cionibus et piscariis, viis, semitis, aquis, stagnis, siluis, virgultis, boscis, planis, 
cum curiis et curiarum exitibus et eschaetis, molendinis, multuris et eorum 
sequelis, ari[a]giis, cariagiis, bondagiis et dietis, herieldis, bluduetis et merclietis 
mulierum, et cum omnibus aliis et singulis libertatibus, commoditatibus et aisia- 
mentis, ac iustis suis pertinenciis quibuscunque, tarn non nominatis quam nonii- 
natis, tarn subtus terra quam supra terrain, tarn prope quam procul, ad dictas 
terras cum pertinenciis sj^ectantibus, seu iuste spectare valentibus quomodolibet 
in futurum, adeo libere, quiete, plenarie, integre, honorifice, bene et in pace, in 
omnibus et per omnia, sicut aliqua terra infra regnum Scocie liberius, quiecius, 
plenius et honorificencius venditur et possidetur, seu vendi possit et possideri, 
sine reuocacione, reclamacione aut contradictione mei aut heredum meorum seu 
assignatorum, aut aliorum quorumcunque nomine nostro aut ex parte nostra, inde 
futuris temporibus qualitercunque faciendis : Reddendo inde dictus Alexander de 
Fillorch miles, heredes sui et sui assignati, michi et heredibus meis annuatim, 
vnuni denarium argenti super solum dictarum terrarum ad festum Pentecostes 
nomine albe firme, si petatur tantum, pro omni alio seruicio seculari, exaction e 
seu demanda, que de predictis terris cum pertinenciis aliqualiter exigi poterit aut 
requiri : Et ego vero predictus Thomas Grayme, heredes mei et mei assignati, 
totas et integras terras de Scatyrty et Bytht cum pertinenciis prefato Alexandra 
Fraser de Fillorch militi, et heredibus suis et suis assignatis, per omnes terras et 
possessiones nostras habitas et habendas cum pertinenciis, ac per omnia bona 
nostra, mobilia et immobilia, presencia et futura, in omnibus et per omnia, ut 



APPENDIX OF CHARTERS, ETC. 235 

supradictum est, contra omnes mortales varantizabimus, acquietabimus et imper- 
petuum fideliter defendemus : In cuius rei testimonium sigillum meum huic pre- 
senti carte mee est appensum, apud burgum de Abbirdene, vicesimo quinto die 
mensis Januarii anno Domini millesimo quadringentesimo sexagesimo nono ; coram 
hiis testibus, Thoma Fraser domino de Stanyvode, Patricio Crafurde domino de 
Fedreth, Thoma Ogistoune, Alexandro Fraser, dominis Andrea Chapman et 
Johanne Smytht, et domino Johanne Rede monacho de Dere, cum multis aliis et 
singulis. Insuper noueritis quod Alexander G-rayme, Alius meus et heres apparens, 
consensit et assensit ad omnes istas predictas meas alienaciones, confirmaciones 
et vendiciones, in omnibus et per omnia, secundum modum et formam istius carte, 
[et] procurauit honorabilis viri Willelmi Crafurde de Fedreth sigillum in secunda 
cauda presentibus apponi, coram dictis testibus, dictis die, mense, et loco quibus 
supra. Quam quidem cartam in omnibus suis punctis et articulis, modis, forma 
pariter et circumstanciis vniuersis, in omnibus et per omnia, approbamus, ratifica- 
mus et pro nobis et heredibus nostris pro perpetuo confirmamus ; saluis nobis et 
heredibus nostris seruiciis debitis et consuetis : In cuius rei testimonium sigillum 
nostrum huic presenti carte nostre confirmacionis est appensum ; apud Dyngvale, 
vicesimo quarto die mensis Februarii, anno Domini millesimo quadringentesimo 
sexagesimo nono. 

29. Precept by Sir Alexander Fraser of Philorth, knight, for infefting 
Alexander his son and heir in the lands of Mamsy. 12th August 
1474. 

Alexander Fraser of Fillorch, knycht, till his veilbeluffite freindis, Villi am of 
Crafurde, larde of Fedray, and Villiam Fraser, larde of the Nevforeste, coniunctly 
and seuerali, in that parte my bailzeis vnreuocabile, sendis gretinge : For- 
alsmekile as I hafe giffine, grauntite, and heretabily confermyte my dere and beste 
beluffite sone Alexander Fraser and my aire apperande al and sindri my landis of 
Mamesy, in the erldome of Buchan, within the schirefdome of Abbirdene, as in 
my charter be me maide till him thairapone mare fully is contenit : Quharefore I 
charge zou, coniunctly and seueraly, but delay, incontinent thir my letteris be zou 
sene, ze pase till my landis of Mammesy, and giffis sesynge, hereditabile state, and 
possessioune of my foresaide landis, with thaire pertinence, to Alexander my fore- 



236 APPENDIX OF CHARTERS, ETC. 

saide sone and ayre apperande, and till his ayiris maile ; and this to zou, 
coniunctly and seueraly, be the tenoure of thir my present letteris vnrevocabile, I 
commyte my playne poware : In vitnes of the sesynge, hereditabile state, and pos- 
sessioune, the sele of the giffare in nexte taile eftir my sele be appensit : At 
Fillorch, the xij day of the moneth of Auguste, the zere of [God ane] thousande 
foure hunder sevinti and foure zeris, before thir vitnes, that is, Alexander Fraser;, 
Thomas Fraser, and William the 'maire, with otheris mony and sindri. 

30. Precept of Brief by King James the Fourth to serve William Fraser 
heir to his brother, Alexander Fraser of Philorth. 3d April [1501]. 

Jacobus Dei gracia Eex Scotorum, omnibus probis hominibus suis ad quos 
presentes litere peruenerint, salutem. Sciatis quod fecimus, constituimus et 
ordinauimus, ac tenore presentium facimus, constituimus et ordinamus dilectos 
nostros Alexandrum Banerman de Wattirtoun, Alexandrum Lawder prepositum 
burgi nostri de Edinburgh, Johannem Williamsoun, Johannem Adamsoun, balliuos 
eiusdem, Jacobum Logane, Robertum Wardlaw, burgenses dicti nostri burgi, et 
Johannem Halkerstoun, ac eorum quemlibet, coniunctim et diuisim, vicecomites 
nostros de Aberdene in hac parte et ad infrascripta duntaxat, videlicet, ad 
exequenda breuia inquisicionum capelle nostre impetrata seu impetranda per 
dilectum nostrum Willelmum Frasere, fratrem quondam Alexandri Frasere de 
Philorth, super terris et annuis redditibus dicti quondam Alexandri sui fratris 
infra vicecomitatum nostrum de Aberdene iacentibus : Quequidem breuia volumus 
et ordinamus exequi debere in pretorio burgi nostri de Edinburgh, vt nostri 
concilii domini, pro equali ministracione iusticie et ne pupillus dicti quondam 
Alexandri inde grauetur, deseruicioni eorundem intersint : Dantes et concedentes 
dictis vicecomitibus nostris in hac parte ac eorum cuilibet, coniunctim et diuisim, 
nostram plenariam potestatem et mandatum speciale curiam seu curias vicecomitis 
de Aberdene pro executione dictorum breuium statuendi, inchoandi, affirmandi et 
tenendi, dicta breuia recipiendi, aperiendi, apud Aberdene proclamandi, et eadem 
in pretorio dicti nostri burgi de Edinburgh debite deseruiri faciendi ; ac probos 
et fideles dicti vicecomitatus nostri de Aberdene, necnon aliorum quatuor vice- 
comitatuum eidem propinquius adiacentium, ac etiam vicecomitatuum nostrorum de 
FifTe et Edinburgh ad deseruicionem eorundem preniuniendi et summoniendi ; et 







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APPENDIX OF CHARTERS, ETC. 237 

eosdem iurari faciendi, et per huiusmodi probos et fideles super punctis et articulis 
in dictis breuibus contentis determinari et deliberari faciendi, ac deliberacionem 
eorundem, vt nioris est, capelle nostre retornandi ; necnon officiarios et ministros 
pro premissis necessarios substituendi, deputandi, ordinandi et iurari faciendi ; 
et omnia alia et singula faciendi, gerendi et excercendi, que ad omcium vice- 
comitis in bac parte pro premissis et circa ea necessaria fuerint seu opportuna : 
Ratum et gratum habentes et babituri totum et quicquid dicti vicecomites nostri 
in hac parte, seu eorum aliquis, coniunctim aut diuisim, aut sui officiarii vel 
ministri in premissis rite duxerint seu duxerit faciendum ; predictumque locum 
apud Edinburgh adeo legitimum et validum sicut apud Aberdene in omnibus 
decernentes et admittentes : Quare, vniuersis et singulis quorum interest vel 
interesse po'terit stricte precipimus et mandamus, quatenus dictis vicecomitibus 
nostris in bac parte, ac eorum cuilibet, coniunctim et diuisim, ac officiariis et 
ministris suis, in omnibus et singulis premissa tangentibus, prompte respondeant, 
pareant et intendant, sub omni pena que competere poterit in bac parte : Datum 
sub testimonio magni sigilli nostri, apud Edinburgh, tercio die mensis Aprilis, anno 
regni nostri decimo tercio. 



31. Charter by Walter de Lesley, Lord of Ross, to Andrew Mercer, 
of the lands of Faithlie. 1 8th August 1381. 

Omnibus hanc cartam visuris et audituris, Walterus de Lesley dominus de Ross, 
salutem in Domino sempiternam. Noueritis nos dedisse, concessisse, et hac pre- 
senti carta nostra confirmasse dilecto consanguineo nostro Andree Mercer, pro suo 
fideli seruicio nobis impenso et impendendo, totam terram nostram de Faythley 
cum pertinenciis, in baronia de Kynedward infra vicecomitatum de Abyrdene : 
Quamquidem terram cum pertinenciis Joneta de Meignes, filia et beres quondam 
Alexandri de Meignes, domina dicte terre, non vi aut metu deducta, nee errore 
lapsa, sed sua mera et spontanea voluntate, in sua pura et legitima viduitate, apud 
Dwne in Meneteth, quintodie mensis Junii, anno Domini millesimo cccT octo- 
gesimo primo, nobis per fustum et baculum sursum reddidit, pureque et simpli- 
citer resignauit : Tenendam et babendam eidem, heredibus suis et assignatis, de 
nobis et heredibus nostris, in feodo et hereditate in perpetuurn, per omnes rectas 
metas et diuisas suas, libere et quiete, plenarie, integre, honorifice, bene et in 



238 APPENDIX OF CHARTERS, ETC. 

pace, in boscis, planis, moris, maresiis, viis, semitis, aquis, stagnis, molendinis, 
multuris, et eorum sequelis, aucupacionibus, venacionibus, et piscacionibus, viuariis, 
petariis et lapidicinis, necnon et cum omnibus aliis libertatibus, commoditatibus 
et aysiamentis et iustis pertinenciis, tarn non nominatis quam nominatis, tarn sub 
terra quam supra terram, ad dictam terram de Faythley spectantibus seu spectare 
valentibus quomodolibet in futurum : Eeddendo inde nobis et heredibus nostris 
dictus Andreas et heredes sui seu assignati vnum par calcarium deauratorum, apud 
Faythley sepedictum, in festo Pentecostes, nomine albe firme, annuatim, tantum, si 
petatur, pro omni alio seruicio, exaccione seculari, vel demanda, que de dicta 
terra cum pertinenciis exigi poterunt vel requiri ; saluo domino nostro Eegi 
forinseco seruicio inde debito et consueto : Et nos Walterus dominus de Eoss 
predictus et heredes nostri predictam terram de Faythley cum pertinenciis pre- 
dicto Andree, heredibus suis et assignatis suis, contra omnes homines et feminas 
warantizabimus, acquietabimus et in perpetuum defendemus : In cuius rei 
testimonium presenti carte nostre sigillum nostrum precepimus apponi; Mis 
testibus, venerabilibus in Christo patribus, dominis Dei gracia Alexandro et 
Alexandro Morauiensis et Eossensis ecclesiarum episcopis, dominis Alexandro et 
Willelmo de Lyndysay fratribus nostris carissimis, dominis Waltero Senescalli, 
Eoberto de Innes, et Eicardo Comyn, militibus ; magistris Willelmo de Dyngvale 
et Alexandro Man, decano et archidiacono ecclesie Eossensis, Adam de Vrchart, 
Alexandro de Cheeshelm, Hugone de Monro, Eoberto Burnard et multis aliis ; 
apud Elgyne, decimo octauo die mensis Augusti, anno supradicto. 

32. Confirmation by Eufamia, Lady of Eoss, of the Grant made by her late 
spouse, Walter de Lesley, Lord of Eoss, to Andrew Mercer, of the 
lands of Faythley, Tyry, etc. 9th March 1381-2. 

Omnibus hanc cartam visuris vel audituris, Eufamea domina de Eosse, filia et 
heres Willelmi quondam comitis de Eosse, eternam in Domino salutem. Cum 
Joneta de Meynes, filia et heres quondam Alexandri de Meynes domini de 
Forthyrgill, non vi aut metu ducta, nee errore lapsa, sed sua mera et spontanea 
voluntate, in legitima sua viduitate existens, omnes et singulas terras de Faythley 
cum pertinenciis, in baronia de Kynedward infra vicecomitatum de Abbirdene, 
que fuerunt dicte Jonete, karissimo domino nostro domino Waltero de Lesley, 



CONFIRMATION by King Robert the Second to Andrew Mercer, 
of the lands of Faythley. 14th February [1381-2]. 

Robertus Dei gracia Rex Seottorum, omnibus probis hominibus tocius terre sue, 
clericis et laycis, salutem. Sciatis nos approbasse, ratificasse, et hac presenti carta 
nostra confirmasse donacionem illam et concessionem quas dilectus eonsanguineus 
noster, Walterus de Lesley de Ross, et dilecta consanguinea nostra, Eufamia 
sponsa sua, ex vnanimi consensu et assensu, fecerunt et concesserunt dilecto et 
fideli nostro Andree Mercere de terra de Faythley cum pertinenciis, in baronia de 
Kynedward, infra vicecomitatum de Abirdene; et de terra de Tiry cum pertinenciis, 
in eadem baronia, infra eundem vicecomitatum : Tenendas et habendas dicto Andree, 
heredibus et assignatis suis, cum omnibus et singulis libertatibus, commoditatibus, 
aysiam[entis,] et iustis pertinenciis quibuscunque ad dictas terras, cum perti- 
nenciis, spectantibus seu quoquomodo iuste spectare valentibus in futurum, adeo 
li[bere, quiete,] plenarie, integre, et honorifice, in omnibus et per omnia, sicut 
carte dictorum Walteri et Eufamie dicto Andree inde confecte in s[e plenius c]on- 
tinent et testantur ; saluo seruicio nostro. In cuius rei testimonium presenti 
carte nostre confirmacionis nostrum precepimus apponi si[gillum] : Testibus, 
venerabilibus in Christo patribus, Willelmo et Johanne cancellario nostro Sancti- 
andree et Dunkeklensis ecclesiarum episcopis ; Johanne primogenito nostro de 
Carrie, senescallo Scocie, Roberto de FyfF et de Menteth filio nostro dilecto, 
Willelmo de Douglas et de Marre consanguineo nostro, comitibus ; Jacobo de 
Lyndesay nepote nostro karissimo, et Roberto de Erskyne consanguineo nostro, 
militibus : apud Methfen, quarto decimo die Februarii, anno regni nostri 
vndecimo. 











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TRANSLATION. 

Robert, by the grace of God, King of Scots, to all good men of his whole land, 
clergy and laity, greeting. Know ye that we have approved, ratified, and by 
this our present charter confirmed the gift and grant which our well-beloved 
cousin, Walter of Lesley of Ross, and our well-beloved cousin, Eufamia his spouse, 
with unanimous consent and assent, made and granted to our well-beloved and 
trusty Andrew Mercer, of the land of Faythley with its pertinents, in the barony 
of Kinedward and sheriffdom of Aberdeen ; and of the land of Tiry with its 
pertinents, in the said barony within the same sheriffdom : To be had and to be 
held by the said Andrew, his heirs and assignees, with all and sundry freedoms, 
commodities, easements, and right pertinents whatsoever pertaining or that may 
justly pertain in any manner of way to the said lands, with their pertinents, 
in time to come, as freely, quietly, fully, wholly, and honourably, in all and by 
all things, as the charters of the said Walter and Eufamia made thereupon to 
the said Andrew in themselves more fully contain and purport ; saving the service 
due to us. In witness whereof we have commanded our seal to be affixed to our 
present charter of confirmation : Witnesses, the venerable fathers in Christ, 
William, and John our chancellor, Bishops of the churches of St. Andrews and 
Dunkeld ; John our first-born son Earl of Carrie Steward of Scotland, Robert 
Earl of Fife and Menteith our well-beloved son, William Earl of Douglas and 
Mar our cousin ; James of Lindsay our dearest nephew, and Robert of 
Erskine our cousin, knights : at Methven, the fourteenth day of February, and 
of our reign the eleventh year. 



APPENDIX OF CHARTERS, ETC. 239 

quondam sponso nostro et domino de Rosse, per fustum et baculum sursum 
reddidit, pureque et simpliciter resignauit ; et postmodum dictus dominus 
Walterus, quondam sponsus noster, cum concensu et ascensu nostro, ac ex maturo 
auisamento et discreta deliberatione concilii sui et nostri, predictas terras de 
Faythley cum pertinenciis dilecto consanguineo suo et nostro, Andree Mercere, 
ac heredibus suis et assignatis, pro seruicio suo sibi et nobis impenso et in 
futurum impendendo, pro vno pare calcarium deauratorum nomine albe firme, 
heredibus dicti domini Walteri sponsi nostri et nostris inter nos procreatis vel 
in posterum procreandis de nobis, annuatim, per predictum Andream, heredes suos 
et assignatos tantum persoluendo ; ac eciam dictus dominus Walterus, quondam 
maritus noster, nostro eciam concensu et ascensu [vt] supra, predicto Andree, 
heredibus suis et assignatis, nouem libras sterlingorum de Fynletor, Natyrdole et 
de Petyndreych, proportionaliter ac annuatim debitas, et viginti quatuor solidos 
de Culbreny annuatim debitos, infra vicecomitatum de Banffe, pro vno pare cal- 
carium deauratorum domino nostro Regi, nomine albe firme, annuatim, tantum 
persoluendo per eundem Andream, heredes suos et assignatos ; ac terras de Tyry 
cum pertinenciis in baronia de Kynedward, infra vicecomitatum de Abbirdene, 
pro vno denario sterlingorum, nomine albe firme, per sepedictum Andream, 
heredes suos et assignatos, nobis et heredibus nostris, vt supra, tantum annuatim 
perso[l]uendo, si petantur, hereditarie dedit et inperpetuum concessit : Nos vero 
tandem, nunc in nostra pura et legitima viduitate existentes, predictas donaciones 
et concessiones hereditariasque infeodationes dicti domini Walteri quondam 
sponsi nostri de predictis terris de Faythley et Tyry et annuls reditibus de 
Finletor, Naythyrdole, Petyndreych et de Culbreny cum pertinenciis, sic de 
concensu et ascensu nostro, predicto Andree heredibus suis et assignatis factas, 
prout carte dicti domini Walteri, quondam sponsi nostri, sibi inde confecte 
plenius continent et testantur, in omnibus et per omnia, formam albe firme con- 
tinentes, pro nobis et heredibus nostris, ratas, gratas et irreuocabiles habe- 
mus, laudamus, approbamus, et in perpetuum ratificamus : Et nos insuper 
Eufamea predicta, domina de Rosse, et heredes nostri, omnes et singulas terras [et] 
annuos reditus superius nominatos cum pertinenciis, predicto Andree Mercere, 
heredibus suis et assignatis, in omnibus et per omnia, contra omnes homines et 
feminas warantizabimus, acquietabimus et in perpetuum defendemus : In cuius 
rei testimonium sigillum nostrum presenti carte est appensum ; apud castrum 



240 APPENDIX OF CHARTERS, ETC. 

nostrum de Dyngwale, nono die mensis Marcii, anno Domini millesimo trecente- 
simo octuagesimo primo ; hiis testibus, venerabili in Christo patre domino Alex- 
andra Dei gracia episcopo Eossensi, magistro Willelmo de Dingwale decano 
Eossensi, Waltero Senescalli, Eicardo Cumrnyne, militibus, Adam de Wrchard, 
vicecomite de Crumbathy, Hugone de Munro, et multis aliis. 

33. Precept by Henry Merser of Aldy, to give seizin to William Fraser of 

Philorth of the lands of Faithlie and Tyrie. 15th June 1504. 

Henricus Marser de Audy, dilectis meis Johanni Fraser in Ardglassy, Willelmo 
Crafurde, Andree Crafurde, Andree Fraser, ac eorum cuilibet, coniunctim et 
diuisim, balliuis meis in hac parte irreuocabiliter constitutis, salutem : Quia dedi, 
concessi et ad feodifirmam dimisi hereditarie nobili viro, Willelmo Fraser de 
Phillortht militi, omnes et singulas terras meas de Faithly et Turii cum suis per- 
tinenciis, iacentes in baronia de Kyneduarde infra vicecomitatum de Aberdene, 
prout in carta mea inde sibi confecta plenius continetur : Vobis igitur et vestrum 
cuilibet, coniunctim et diuisim, precipio, do in mandatis, ac firmiter mando 
quatenus dicto Willelmo aut suo certo acturnato, latori presencium, sasinam here- 
ditariam omnium dictarum terrarum cum pertinenciis tradatis et deliberetis, aut 
vnus vestrum tradat et deliberet, visis presentibus indilate, secundum tenorem 
carte inde sibi confecte : Ad quod faciendum vobis et vestrum cuilibet, coniunctim 
et diuisim, meam plenariam et irreuocabilem tenore presencium committo 
potestatem : Et in signum sasine per vos tradite sigillum vestrum in secunda 
cauda post meum presentibus appendatis, aut vnus vestrum appendat. Datum sub 
sigillo meo, apud Perth, decimo quinto die mensis Junii, anno Domini millesimo 
quingentesimo quarto. 

i 

34. Signature by King James the Fifth for a Charter to Alexander Fraser 

of Philorth, of the lands and barony of Philorth. 1541. 

Oure Souerane lord, eftir his lauchfull and perfite aige of xxv zeris com- 
pleit, and all his reuocationis, ordanis ane charter to be maid vnder his grete 
seill, in dew forme, to his louit Alexander Fraser of Phillorth, his airis and 
assignais, off the heretabill gift of all and sindry the landis and barony of 



APPENDIX OF CHARTERS, ETC. 241 

Phillorth, with the castell, fortalice, maner place, mylnis, multuris, annexis, 
connexis, toftis, croftis, partis, pendiculis, outsettis, cotlandis, tenentis, tenendriis, 
and sendee of fretenentis of the samin, togidder with the fischeingis and hale 
fische bait of the said barony and within the boundis thairof, als weill in salt 
watter as fresche, within the sey flude ; the landis of Faithlie, with the fischeingis 
thairof, and fische bait within the boundis of the samin ; with power to the said 
Alexander, his airis and assignais, and thair tenentis and seruandis in thair names, 
to geddir the said haill fische bait within the boundis of the saidis landis and 
barony within the sey flude, and thairupoun to dispone at thair plesour ; the 
landis of Scatterte and fischeing thairof, and the landis of Tiry, Hand within the 
schirrefdome of Abirdene ; the landis of Vtlaw and G-reynlaw, Fatteheid, Tibberty, 
and Forfaldis, with the mylnis, fischeingis, toftis, croftis, outsettis, partis and 
pendiculis of the samin, and thair pertinentis, Hand within the schirrefdome of 
Banf : Quhilkis all and sindry landis and barony aboue writtin, with the castell, 
fortalice, maner place, mylnis, multuris, fischeingis, annexis, connexis, toftis, 
croftis, partis, pendiculis, outsettis, cotlandis, tenentis, tenendriis and seruice of 
fretenentis of the samin, wer the said Alexander Fraseris of Phillorth heretabillie 
of befoir, and resignit be him, purelie and simplie, be staf and bastoun, in our 
souerane lordis handis personalie at , and all rycht and clame, etc. 

Attour, our souerane lord, for the gude, trew, and thankfull seruice done to him 
be the said Alexander, and for certane sovmes of money and compositioun payit 
and deliuerit be him to his Hienes and his thesaurar in his name, off new vnitis, 
annexis, erectis, creatis and incorporatis all and sindry the saidis landis and barony 
of Phillorth, togidder with the fischeings of the said barony and fische bait thairof 
within the boundis of the samin, als weill in salt watter as fresche, within the 
sey flude ; the landis of Faithlie, with the fischeingis and fische bait within the 
boundis thairof, the landis of Scatterty, the landis of Tiry, the landis of Vtlaw 
and Greynlaw, Fatteheid, Tibberte, and Forfaldis, with the castell, fortalice, maner 
place, mylnis, multuris, annexis, connexis, toftis, croftis, partis, pendiculis, out- 
settis, cotlandis, tenentis, tenendriis and seruice of fre tenentis of the samin, and 
all thair pertinentis in ane hale and fre barony, in all tyme cuming to be callit the 
Barony of Phillorth : Ordanying the maner place and castell of Phillorth, now 
biggit or to be biggit, to be the cheif chymmeis of the said barony ; and that ane 
anerlie sesing, now to be takin be the said Alexander, his airis and assignais, in 
VOL. II. 2 H 



242 APPENDIX OP CHAPTERS, ETC. 

all tyme cuming at the said place and castell of Phillorth, now biggit or to be 
biggit, sail stand and be sufficient sesing for all and sindry the foirnemmit landis 
and barony of Phillorth, with the fischeingis and fische bait thairof, the landis of 
Faithlie with the fischeingis and fische bait of the samin, the landis of Scatterty 
and fischeing thairof, the landis of Tiry, the landis of Vtlaw and Greynlaw, 
Fatteheid, Tybberte, and Forfaldis, with the castell, fortalice, maner place, mylnis, 
multuris, annexis, connexis, toftis, croftis, partis, pendiculis, outsettis, cotlandis, 
tenentis, tenendriis and seruice of fretenentis thairof, and thair pertinentis, without 
ony vthir speciall or particular sesing to be takin be the said Alexander, his airis 
or assignais, at ony vthir part or place of the samin in tym cuming, notwith- 
standing that the saidis landis lyis nocht contigue togidder : And als our souerane 
lord, for the causis aboue writtin, off new gevis, grantis, disponis and confirmis to 
the said Alexander Fraser, his airis and assignais, all and sindry the saidis landis 
and barony of Phillorth, with the castell and fischeingis, als weill in salt watter 
as fresche, and fische bait within the sey flude, within the boundis of the said 
barony, the lands of Faithlie, with the fischeingis of the samin and fische bait 
within the boundis thairof, the landis of Scatterty, the landis of Tiry, the landis of 
Vtlaw and Greynlaw, Fatteheid, Tibberte and Forfaldis, with the maner placis, 
mylnis, multuris, annexis, connexis, toftis, croftis, partis, pendiculis, outsettis, 
cotlandis, tenentis, tenendriis and seruice of fretenentis thairof, and thair perti- 
nentis, with all richt, titill, interes and clame of rycht, als weill petitur as pos- 
sessour, quhilkis our souerane lord, his predecessouris or successouris, had, hes, or 
ony wis may haue or clame thairto, or ony parte thairof, males, firmes, proffittis, 
and deweteis of the samin, be resoun of nonenteres of airis, alienatioun of the 
haill or mair partis, recognitioun, ward, releif, eschete, forfaltour, purpresture, 
disclamatioun, or for quhatsumeuir vthir causis or occasionis bigane, or be ony 
vthir richt, titill, or clame of rycht : Renunciand and dischargeand the samin for his 
Hienes and successouris, to the said Alexander Fraser, his airis and assignais, for 
euir ; and grantis his Grace and his successouris to be secludit thairfra perpetualie, 
nochwithstanding the causis foirsaidis or ony vthiris bigane, and sail nevir moif 
actioun nor pley aganis thame thairupoun in tyme cuming ; with suppleing of all 
faltis, als weill nocht nemmit as nemmit, quhilkis our souerane lord will haue for 
expremit in his said charter : To be haldin and to be had all and sindry the 
saidis landis and barony of Phillorth, with the castell, fortalice, maner place, 



APPENDIX OF CHARTERS, ETC. 243 

milnis, multuris, annexis, connexis, toftis, croftis, partis, pendiculis, out- 
settis, cotlandis, tenentis, tenendriis and seruice of fretenentis of the samin ; 
togidder with the fischeingis of the said barony within the boundis thairof, als 
weill in salt watter as fresche, and fische bait within the sey flude and boundis of 
the said barony ; the landis of Faithlie, with the fischeings thairof and fische bait 
within the boundis of the samin; the landis of Scatterty and fischeing thairof; 
the lands of Tiry, the landis of Vtlaw and Greynlaw, Fatteheid, Tibberty and 
Foirfalcls, with the mylnis, fischeingis, toftis, croftis, partis, pendiculis, outsettis, 
tenentis, tenendriis and seruice of fretenentis thairof, and thair pertinentis, now 
vnite and annexit in ane haill and fre barony, in all tym cuming to be callit the 
Barony of Phillorth, to the said Alexander Fraser of Phillorth, his airis and 
assignais, of our souerane lord and his successouris, in fe, heretage, and fre barony 
foreuir, be all richt merchis and diuisis, as thai ly in lenth and breid, in woddis, 
planis, etc., mylnis, multuris, etc., halking, hunting, fischeing, etc., with court, 
playnt, heirzeld, bludewite and merchete, with furk, foss, sok, sak, tholl, theme, 
infangtheif, outfangtheif, pit and gallows, with wrek, waith, wair, wert and 
vennysoun, with commoun j>asture, fre ische and entere, and with all and sindry 
vthiris commoditeis, fredomes, etc., frelie, quyetlie, etc., but ony reuocatioun etc. : 
Gevand thairfor zeirlie the said Alexander, his airis and assignais, to our souerane 
lord and his successouris, thre sutis at the thre heid courtis of the schirrefdome 
of Abirdene, with wardis, releiffis, and mariagis of airis succedand in the saidis 
landis, quhen thai salhappin allanerlie; and that preceptis be direct ordourlie 
heirupoun. Subscriuit be our souerane Lord, at the 

day of the zeir of God j m v c xli zeris. 

James E. 



35. Confirmation by Mary Queen of Scots, dated 1st March 1561, of Charter 
by Alexander Fraser of Philorth to Alexander Fraser his grandson, 
and Magdalen Ogilvy his spouse, of the lands of Pettalochy. 29th 
October 1559. 

Maria Dei gratia Regina Scotorum, omnibus probis hominibus totius terre sue, 
clericis et laicis, salutem. Sciatis nos quandam cartam donationis, factam per 
Alexandrum Fraser de Phillorth dilecto nostro Alexandro Fraser, eius nepoti et 



244 APPENDIX OF CHARTERS, ETC. 

Magdalene Ogilwye sue sponse, ac eorum alteri diutius viuenti, in coniuncta infeo- 
datione, et heredibus inter ipsos legitime procreatis seu procreandis, quibus 
deficientibus, heredibus et assignatis dicti Alexandri Fraser junioris quibuscunque, 
de omnibus et singulis dicti Alexandri Fraser senioris terris de Pittalloquhois cum 
suis pertinenciis, jacentibus infra vicecomitatum nostrum de Abirdene, inter terras 
de Pettowleis, et habentibus in limite ad orientalem terras de Pettindrum, tenendis 
de nobis et successoribus nostris, Scotorum regibus et reginis, de mandato nostro 
visam, lectam, inspectam et diligenter examinatam, sanam, integram, non rasam, 
non cancellatam, nee in aliqua sui parte suspectam, ad plenum intellexisse, sub hac 
forma : — Omnibus hanc 'Cartam visuris vel audituris, Alexander Fraser de Phil- 
lorth, salutem in Domino sempiternam. Noueritis me, vtilitate mea in hac parte 
vndique preuisa et diligenter considerata, dedisse, concessisse et hac presenti carta 
mea confirmasse, necnon dare, concedere et hac presenti carta mea confirmare 
dilectis meis Alexandro Fraser, meo nepoti, et Magdalene Ogiluy eius sponse, et 
eorum alteri diutius viuenti, in coniuncta infeodatione, et heredibus inter ipsos 
legitime procreatis seu procreandis, quibus forte deficientibus, heredibus et assig- 
natis dicti Alexandri quibuscunque, omnes et singulas terras meas de Pettallo- 
quhois cum pertinentiis, jacentes infra vicecomitatum de Abirdene, inter terras de 
Pettowlis et habentes in limite ad orientem terras de Pettindrum, pro singularibus 
dilectione, amore, et affectione quos gero erga dictum Alexandrum Fraser et 
Magdalenam Ogiluy eius sponsam antedictam, necnon pro aliis certis gratitudinibus 
et rationabilibus causis per eosdem mihi impensis et rnultipliciter factis : Tenendas 
et habendas omnes et singulas terras de Pettalloquhois cum pertinentiis, inter 
terras de Pettowlis, et habentes in limite ad orientem terras de Pettindrum, a me, 
heredibus meis et assignatis, de supremis dominis nostris Rege et Regina, et eorum 
successoribus, regibus et reginis regni Scotie, in feodo et hereditate imperpetuum, 
per omnes rectas metas suas antiquas et diuisas, prout jacent in longitudine et 
latitudine, in domibus, edificiis, boscis, planis, moris, marresiis, viis, semitis, aquis, 
stagnis,' riuulis, pratis, pascuis seu pasturis, siluis, nemoribus, genestis et virgultis, 
aucupationibus, venationibus, piscationibus, petariis, turbariis, carbonibus, car- 
bonariis, cuniculis, cuniculariis, columbis, columbariis, pomis, pomeriis, lapicidiis, 
lapide et calce, fabrilibus, brasinis, multuris et eorum sequelis ; cum curiis et earum 
exitibus, eschaetis, amerchiamentis, herezeldis, bludewitis et mulierum merchetis, 
cum communi pastura, libero introitu et exitu, ac cum omnibus aliis et singulis 



APPENDIX OF CHARTERS, ETC. 245 

libertatibus, commoditatibus, proficuis et asiamentis, ac justis suis pertinentiis 
quibuscunque, tarn non nominatis quam nominatis, tarn subtus terra quam supra 
terrain, procul et prope, ad predictas terras de Pettalloquhois cum pertinentiis, vt 
supra limitatas, spectantibus seu iuste spectare valentibus quomodolibet in futurum, 
libere, quiete, plenarie, integre, bene et in pace, sine aliqua reuocatione aut contradic- 
tione seu obstaculo aliquali : Reddendo inde annuatim prefati Alexander Fraser et 
Magdalena Ogiluy eius sponsa, et eorum alter diutius viuens, et heredes inter ipsos 
legitime procreati seu procreandi, quibus forte deficientibus, heredes et assignati 
dicti Alexandri quicunque, dictis . supremis dominis nostris Eegi et Regine ac 
. eorum successoribus, regibus et reginis . regni Scotie, vnum denarium vsualis 
monete predicti regni, in festo Penthecostes, super solum dictarum terrarum, 
nomine albe firme, si petatur tantum, pro omni alio onere, seruicio seculari, exac- 
tione, questione seu demanda, que de dictis terris cum pertinentiis, vt supra 
limitatis, per quoscunque iuste exigi poterint quomodolibet in futurum vel requiri : 
Et ego vero dictus Alexander Fraser de Phillorth et beredes mei et assignati 
omnes et singulas predictas terras de Pettalloquhois cum pertinentiis, vt supra 
limitatas jacentes, in omnibus et per omnia, iure, forma, causa pariter et effectu, 
vt premissum est, prefatis Alexandro Fraser et Magdalene Ogiluy eius sponse, et 
eorum alteri diutius viuenti, in coniuncta infeodatione, et heredibus inter ipsos 
legitime procreatis seu procreandis, quibus forte deficientibus, heredibus et assig- 
natis dicti Alexandri quibuscunque, contra omnes mortales warrantizabimus, 
acquietabimus et imperpetuum defendemus : In cuius rei testimonium huic pre- 
senti carte mee, mea subscriptione manuali subscripte, sigillum meum proprium 
est appensum, apud burgum de Banff, vicesimo nono die mensis Octobris, anno 
Domini millesimo- quingentesimo quinqttagesimo nono, coram his testibus, honora- 
bilibus et discretis viris, Magistro Johanne Stewart archidiacono Abirdonensi, 
Michaele Ogiluy de Cultis, Magistro Willelmo Fraser de Aytoune, Martino 
Forman, Alexandro Currour, Alexandro Fraser, et Magistro Georgio Duncane 
notario publico, cum diuersis aliis testibus. Quamquidem cartam et donationem 
in eadem contentam, in omnibus suis punctis et articulis, conditionibus et modis 
ac circumstanciis suis quibuscunque, in omnibus et per omnia, forma pariter et 
effectu, vt premissum est, ratificamus, approbamus, ac pro nobis et successoribus 
nostris pro perpetuo confirmamus ; saluis nobis et successoribus nostris predictis 
seruiciis albe firme ante presentem nostram confirmationem debitis et consuetis, 



246 APPENDIX OF CHARTERS, ETC. 

viz., vno denario vsualis monete regni nostri per dictum Alexandrum Fraser 
juniorem, et eius sponsam, ac eorum alteram diutius viuentem, suosque heredes, 
super solo huiusmodi terrarum, in festo Penthecostes, si petatur tantum, sohiendo, 
iuxta tenorem carte albe firme dicto Alexandro Fraser seniori sub nostro magno 
sigillo desuper confecte, coram nobis ostense et producte : Insuper volumus et 
concedimus, ac pro nobis et successoribus nostris decernimus et ordinamus, quod 
hec nostra presens confirmatio tanti erit roboris, valoris et efficacie, dicto Alex- 
andro Fraser juniori, Magdalene Ogilwie sue sponse, ac eorum alteri diutius viuenti, 
suis heredibus et assignatis predictis, ac si ilia per nos in maiori forma sub nostro 
magno sigillo ipsis de prenominatis terris de Pittalloquhois cum pertinentiis, vt 
supra limitatis, ante sasinam earundem per eos captam, data et concessa fuisset; non 
obstante dicta sasina per prefatas personas ante presentem nostram connrmationem 
de eisdem suscepta : In cuius rei testimonium liuic presenti carte nostre confir- 
mationis magnum sigillum nostrum apponi precepimus : Testibus, prout in aliis 
cartis precedentibus consimilis date : Apud Edinburgh, primo die mensis Marcii, 
anno Domini millesimo quingentesimo sexagesimo primo, et regni nostri vicesimo. 1 

36. Contract of Marriage between Alexander Fraser, younger of 
Philortli, and Margaret Abernethy, sister of John Lord Saltoun. 
19th December 1595 and 4th January 1595-6. 

At Edinburghe and Iuueralloquhie respectiue, the nynteint and ferd dayis respec- 
tiue off December and Januar, the zeir of God j m v c fourscoir and fiftein zeiris, it 
is appointit, concordit, and finallie agreit betuix noble and honorable pairteis and 
persounis following : Thay ar to say, ane noble and michtie lord, Johnne Lord 
Abernethie off Saltoun, with aduise and consentt of James Lord Stewart off 
Newtoun, lait chancelar, Johnno Stewart of Murene, Alexander Abernethie off 
Lessindrum, William Abernethie of Birnes, Sir George Ogiluy off Dunlugus, 
knicht, Sir Waltir Ogiluy off Findlater, knicht, and Dame Margaret Stewart, 
Ladie Saltoun, his curatouris, and the said Dame Margaret, moder to the said 
lord, and Maistres Margaret Abernethie his sister-german, and dochter to the said 
Dame Margaret, with aduise and consentt of Sir Thomas Stewart of Garnetulie, 
knicht, Thomas Otterburne off Eeidhall, and Mathow Finlasoun of Killeith, hir 
1 Piegistrum Magni Sigilli, Lib. xxxii. No. 504. 



APPENDIX OF CHARTERS, ETC. 247 

curatouris, for tliair enterress, wpoun the ane pairt, and Sir Alexander Fraser of 
Fraserburghe, knicht, with aduise and consentt of Dame Magdalen Ogiluy his 
spous, and Alexander Fraser thair sone and appeirand air wpoun that wther pairt, 
in mauer, forme and effect as eftir followis : That is to say, the said Alexander 
Fraser, sone and air foirsaid, and Maistres Margaret Abernethie sail solemnize the 
band of mareage betuix thame in face of halie kirk, betuix the daitt heirof and 
the first day of Maii nixt to cum : Befoir the compleitting of the quhilk mareage, 
the said Sir Alexander Fraser, with consent and assentt of his said spous, sail 
infeft the said Alexander Fraser, thair sone and air appeirand, and the, said 
Maistres Margaret bis future spouse, the langar leivar of thame tua, in coniunct fie, 
and the airis maill lawfullie to be gottin betuix thame; quhilkis failzeing, the said 
Alexanderis airis maill quhatsumevir, in all and sindrie the landis wndirvretin, 
with houssis, bigingis, mylne, myllandis, sequelis, and pertinentis of the same : 
Thay ar to say, in all and haill the landis off Neddir Pettuleis, Over Pettuleis, 
mylne of Pettuleis, myllandis, multouris, sequelis, and pertinentis thairoff, the 
landis of Seytoun, and boittis fisching of the foirsaidis landis and thair pertinentis, 
Hand within the baronie of Phillorth and schirrefdom of Aberdein; and in all 
and haill the touns and landis of Auld Wtlaw, New Wtlaw alias Brokeistoun, 
Fattiheid, and Greinlaw, with all and sindrie thair pairtis, pendicles, and perti- 
nentis, Hand within the baronie off Phillorth be annexatioun and schirrefdom of 
Banff; to be haldin of our souerane lord and his Hienes successouris, be resigna- 
tioun of the foirsaidis landis, mylne, multouris, and pertinentis, to be maid be the 
said Sir Alexander Fraser, with consent and assent of his said spous, in our 
souerane lordis handis, in fauouris off the said Alexander Fraser appeirand of 
Phillorth, and Maistres Margaret Abernethie his future spous, the langar leivar of 
thame tua, and thair ams maill abounvrettin, for infeftment to be giwin and 
grantit thairvpoun ; with speciall claus and prouisioun to be contenit in the said 
resignatioun and infeftment, that the same sail not preiudge nor hurt the vnioun, 
annexatioun, nor tailzie off the hous and leiving off Phillorth; and for dew making 
of the said resignatioun, the said Sir Alexander Fraser of Fraserburghe, knicht, 
with consent and assent of his said spous, sail mak, seill, subscrive, and deliuer to 
the said Alexander Fraser, thair sone and appeirand air, and Maistres Margaret 
Abernethie his future spous, sufficient mandat and letteris off procuratorie for 
making of the said resignatioun in our souerane lordis handis and his Hienes 



248 APPENDIX OP CHAPTERS, ETC. 

successouris in fauouris of the said Alexander Fraser, appeirand of Phillorth, and 
his future spous, in maner and to the effect abounvretin, with speciall claus of 
warrandice, in competent and dew forme : Like as the said Sir Alexander Fraser 
of Fraserburche, knicht, now as giff the said resignatioun war maid, faithfullie 
bindis and oblissis him, his airis and successouris, to warrand, acquiet, and defend 
to the said Maistres Margaret during all the dayis of hir liftyme, all and sindrie 
the foirsaidis landis, with houssis, bigingis, mylne, myllandis, multouris, and 
sequelis off the same, with thair pertinentis, and boittis fisching supramentionat, 
fre and saiff from all former alienatiouns, wadsettis, coniunct feis, lifrentis, annuel- 
rentis, ladeis tercis, and seisingis of formar daittis ; and siclik from all wtheris 
perrellis, actiouns, daungeris, and inconvenientis quhatsumevir, alsueill not nominat 
as nominat, bigane, present, and to cum, quhilk may stop or imped the said 
Maistres Margaret in the peceable posseiding and bruiking off the saidis landis, 
mylne, multouris, boittis fisching and bigingis aboun expressit, with thair profeittis 
and pertinentis during all the dayis off hir liftyme, as said is : The quhilk infeft- 
ment off coniunct fie foirsaid to be maid to the said Alexander Fraser, sone and 
appeirand air to the said Sir Alexander Fraser and the said Maistres Margaret 
Abernethie, sail tak effect at the feist and terme of Whitsounday, in the zeir of 
God j m v c fourscoir saxtein zeiris, be wplifting off the maillis, customes, and dewiteis 
off the said terme off Witsounday, and intrometting with the fermis off the said 
cropt and zeir off God fourscoir saxtein zeiris, with regres to be exped be the said 
Dame Margaret Stewart to the said Sir Alexander Fraser and his foirsaidis : And 
nottheles it is prouidit be conditioun off this contract, like as the said Alexander 
Fraser, appeirand of Phillorth, and the said Maistres Margaret Abernethie his 
future spouse, be thir presentis faithfullie bindis and oblisses thame to the said Sir 
Alexander Fraser of Fraserburghe, knicht, and his airis maill, that at quhat tyme 
or how sone he or his foirsaidis sail redeme and mak fre all and sindrie the 
landis wndirwretin, thay ar to say, the landis of Tibbertie, Foirfauldis, pairtis and 
pendicles thaii'off, and landis off Scattertie, with thair pertinentis and salmond 
fisching thairoff on the Wattir off Doverne, liand within the saidis schirrefdom.es 
of Aberdene and Banff, and infeftis tham thairin als frielie and suflScientlie and 
with als guid prouisioun of warrandice as is appointit for the foirsaidis landis 
disponit to tham in coniunct fie, as alsua in ten chalderis mair wictuall by 
customes and casualiteis off wtheris the said Sir Alexanderis landis within the 



APPENDIX OP CHARTERS, ETC. 249 

said schirrefdomes, thay sail accept the foirsaidis landis on Dovernsyid aboun- 
vritin to thame, the langer leivar of thanie tua, and thair airis foirsaidis, for 
tuentie chalderis wictuall off the threttie chalderis wictuall disponit to tharne in 
coniunct fie ; and thai being deulie and sufficientlie infeft thairin and enterit 
peceablie to the possessioun thairoff, the said Alexander Fraser, appeirand of 
Phillorth, and Maistres Margaret Abernethie his future spous, sail immediatlie 
thairefter renunce, owrgiff, and dischairge again, with all solemnitie necessar off 
the law, to the said Sir Alexander Fraser his spous, and thair airis maill abon- 
vretin, all and sindrie the foirsaidis landis of Neddir Pettuleis, Over Pettuleis, 
mylne of Pettuleis, myllandis, multouris, sequelis, and pertinentis thairoff, the 
landis of Seytoun and boittis fisching abounexpressit, with thair profeittis and 
pertinentis. Attour, for the gritar assuirance to the said Maistres Margaret of hir 
terse, it being considderit that hir said future spous is not presentlie to be infeft 
in the fie of the landis of the leiving of Phillorth, thairfoir the saidis contractaris 
being of will and mynd to tak away all questioun that may be movit heirefter 
wpon the said terse, and to giff the said Maistres Margaret ane resonable con- 
tentatioun thairfoir, the said Sir Alexander Fraser of Fraserburghe, knycht, faith- 
fullie bindis and oblissis him, his airis and successouris, that in cace it salhappin 
the said Alexander Fraser, his sone and appeirand air, at the pleasour of God to 
depairt this lyff, the said Maistres Margaret, than immediatlie efter hir said spous 
deceis, being on lyff, that he sail deulie and sufficientlie infeft hir in sa monie off 
his landis within the saidis schirrefdomes as payis zeirlie ten chalderis wictuall 
by customes, service, and casualiteis, to be haldin of our souerane lord and his 
Hienes successouris, with sik warrandice as salbe contenit in the wther infeft- 
mentis of coniunct fie foirsaid ; and sail enter the said Maistres Margaret to the 
possessioun thairoff at the terme of Witsounday nixt following, and that wpon 
fourtie dayis requisitioun : And siclyke the said [Sir] Alexander Fraser and Alex- 
ander Fraser his sone and appeirand air, oblissis thame and thair foirsaidis to 
infeft the said Maistres Margaret in lyfrent, and for all the dayis off hir liftyme, 
immediatlie efter the deceis off the said Sir Alexander, in als monie off his landis 
within the said schirreffdomes as payis zeirlie [ten] chalderis wictuall by customes, 
[seruice, and] casualiteis, in full contentatioun and satisfactioun off hir terse off all 
and quhatsumevir the said Sir Alexanderis landis and leiving off Phillorthe, to 
be haldin of our souerane Lord in sik maner and with sik warrandice as is befoir 
VOL. II. 2 I 



250 APPENDIX OP CHAPTERS, ETC. 

mentionat, and that wpoun fourtie dayis requisitioun, as said is. And becaus the 
said Dame Margaret Stewart hes constituit hirselff debtour for the tocher wnder- 
wretin, and hes fundin cautioneris and souerteis for payment thairoff at the 
termis eftir mentionat, and als that the said Maistres Margaret was infeft be hir 
wmquhile fader in ane pairt off the baronie off Saltoun, liand within the schirreff- 
dome of Edinburgh and constabularie off Hadingtoun, wnder reuersioun off the 
sowm off aucht thousand markis in contentatioun off hir bairnis pairt off geir, and 
for support off hir mareage ; quhilk sowm is les nor the said tocher be the sowm 
of fyve thousand markis ; thairfoir the said Maistres Margaret, with aduise off 
hir said future spous, sail transfer hir heretable richt off the saidis landis with 
all byrun profeittis that scho may haue be uertew of hir said infeftment, togidder 
with all richt and titill that scho hes to ony bairnis pairt of geir pertenyng to hir 
be deceis off hir said wmquhile fader or wmquhile Marie Abernethie hir sister, 1 
and sail mak the said Dame Margaret competent and sufficient securitie thair- 
vpon : And the said Alexander Fraser, appeirand off Phillorth, bindis and oblissis 
him to caus the said Maistres Margaret Abernethie renew the said securitie eftir 
hir perfyitt aidge off tuentie ane zeiris compleitt, scho being than on lyff and 
spous to the said Alexander Fraser, appeirand of Phillorth : Prouiding that the 
said Maistres Margaret and hir said future spous be [not] ony forder oblist in ony 
forder warrandice off the saidis dispositions and translatiouns, bot for thair awin 
deidis allanerlie. And be reasoun the leiving off the hous off Phillorth is tailzeit 
to the airis maill, sua that giff the said Alexander Fraser, zoungar, failzie off airis 
maill lawfullie gottin off his bodie, and that the bairnis fameill procreat betuix 
him and the said Maistres Margaret will not succeid thairto ; thairfoir the said Sir 
Alexander Fraser, and Alexander Fraser his sone and appeirand air, bindis and 
oblissis thame and thair airis off tailzie to content and pay to the bairnis fameill. 
giff thair be bot ane, the sowm off threttein thousand markis, quhilk is equivalent 
with the said tocher ; and giff thair be tua, the sowm off tuentie thousand markis ; 
and giff thair be thre, the sowm off tuentie-four thousand markis ; and giff thair be 
ma nor thre, than the tocher to be measourit at the discretioun off the bairnis 
maill and off tailzie succeiding to the leiving off Phillorth : Prouiding that all 
thair tocheris be not within the sowm off threttie thousand markis money off this 
realme ; and that in full contentatioun and satisfactioun off all and quhatsumevir 
1 A daughter of G-eorge, seventh Lord Saltoun, omitted at page 63, vol. ii. 



APPENDIX OF CHARTERS, ETC. 251 

thingis thai may craive at thair air off tailzeis handis : Prouiding alwais that the 
saidis bairnis fameill wse the counsall and aduise of the said Sir Alexander 
Fraser of Fraserburgh, knicht, Alexander Fraser, appeirand of Phillorth, and the 
said Maistres Margaret, and wther freindis appointit to that effect, videlicet, the 
said noble lord, Johnne Lord Abernethie off Saltoun, Symon Lord Fraser off Lovatt, 
Alexander Irving zoungar of Drum, and Seytoun of Meldrum, Sir George 

Ogiluy of Dunlugus, knicht, George Ogiluy off Carnowseis, Alexander Annand 
zoungar off Auchtirallane, and Alexander Fraser youngar off Durris, or the maist 
pairt of thame, being on lyff, als weill in thair mareage as keiping off thair bodeis, 
wdirwais the air off tailzie not to be astrictit in payment off the sowmes off 
tocher befoir mentionat to hir that failzeis, but to samekle as the foirsaidis 
freindis or the gritest pairt of thame sail think the same expedient : And the 
saidis sowmes off tocher to be pait at thair aidge off fourtein zeiris ; and in the 
meintyme thai to be honestlie interteneit and brocht wp according to thair birth be 
the air off tailzie. And in cace ony off the saidis bairnis fameill deceis wnmareit, it 
is agreit be conditioun off this contract that the sowm off money to be pait to the 
said dochter deceissand sail not accres to the remanent dochteris, hir sisteris, bot to 
remain with the air of tailzie, and he to be fre and releiffit off the payment thairoff 
be deceis off the said dochter, as said is ; prouiding als that the said Sir Alex- 
ander Fraser be nawais obligit nor astrictit to pay ony off the saidis sovmes to 
the bairnis fameill induring his liftyme : For the quhilkis caussis the said Johnne 
Lord Saltoun, with aduise and consentt off his saidis curatouris, and the said 
Dame Margaret Stewart, oblissis thame, coniunctlie and seuerallie, thair airis, 
executouris, and assignais, to thankfullie content, pay, and deliuer to the said Sir 
Alexander Fraser of Fraserburgh, knicht, his airis, executouris, or assignais, the 
sowme of saxtein thousand markis wsuall money off this realme ; that is to say, 
the sowm off aucht thousand markis money abounvretin within the toun off Banff 
and kirk thairoff, on Mertimes evin, in the zeir of God j m v c fourscoir saxtein 
zeiris ; with expres conditioun, restrictioun, and prouisioun that giff the saidis 
Johnne Lord Saltoun, Dame Margaret Stewart, or thair cautioneris eftirspecifeit, 
payis, and reallie and with effect deliueris, to the said Sir Alexander Fraser, his 
airis, executouris, or assignais, the sowm off sax thousand and five hundreth markis 
wsuall money off Scotland, aucht penny peices and tua penny peices, callit Tur- 
nouris, being exceptit, within the said kirk of Banff, aucht dayis immediatlie pre- 



252 APPENDIX OF CHARTERS, ETC. 

ceiding the said feist of Mertimes, in the zeir off God abounvrettin ; or in cace off 
the said Sir Alexander or his foirsaidis absens or refusall to ressaue the said sowm, 
being certefeit off the speciall day appointit for ressait and deliuerance thairoff, 
tellis and numberis the said s[owm] of sax thousand and five hundreth markis 
money befoir specifeit, within the said kirk, and thaireftir deponis and [consignis] 
the same in the handis off Sir George Ogiluy off Dunlugus, knicht ; and failzeing 
off him, in the handis off George Ogiluy off Carnowsie ; quhilkis failzeing, in the 
handis off Johnne Fraser off Creichie ; quhilkis also failzeing, in the handis off 
Waltir Baird off Ordinghuffis ; quhilkis likwais failzeing, in the handis off Alex- 
ander Annand, zoungar off Auchtirallane, to be keipit and furthcumand to the said 
Sir Alexander Fraser of Fraserburgh, knicht, and his foirsaidis, thair wtiliteis and 
proffeitt ; than and in thais caees, or ony off thame, and na wderwais, the saidis 
Johnne Lord Saltoun, Dame Margaret Stewart, or thair cautioneris wndervritin, 
to be fre and dischargit off the sowm off ane thousand pundis off the aucht thou- 
sand markis tocher oblist for the first termis payment off the said saxtein thousand 
markis befoir exprimit : And siclike, sail content and pay to the said Sir Alex- 
ander Fraser and his foirsaidis the sowm off wther aucht thousand markis money 
abounvretin, within the said kirk off Banff, on Mertimes evin in the zeir of God 
jm v c f oursco ; r sevintein zeiris : With the lyik conditioun, restrictioun, and proui- 
sioun, giff the saidis Johnne Lord Saltoun, Dame Margaret Stewart his moder, 
or thair cautioneris eftirmentionat, payis to the said Sir Alexander Fraser or his 
foirsaidis, aucht dayis immediatlie preceiding the said feist of Mertimes in the 
zeir of God j m v c fourscoir sevinten zeiris, the sowm off wther sax thousand and 
five hundreth markis money befoir exprimit, in ane sowm, within the said kirk of 
Banff ; or in cace of the said Sir Alexander or his foirsaidis absence or refusall, as 
said is, tellis, numberis, deponis, and consignis the said sowm off sax thousand and 
five hundreth markis money foirsaid in maner and in the handis befoir exprimit 
in forme foirsaid, than and in thais caces, or ony off thame, the saidis Johnne 
Lord Saltoun, Dame Margaret Stewart, or thair cautioneris eftir specifeit, to be 
fre and dischairgit off ane thousand pundis off the aucht thousand markis befoir 
mentionat off the secund and last termis payment off the tocher, and na wderwais. 
And for suir payment to the said Sir Alexander and his foirsaidis off the saidis 
sowmes in maner abon mentionat, Harie Stewart off Craigyhall, Thomas Otter- 
burne off Eeidhall, Thomas Otterburne his sone and appeirand air, Mathow 



APPENDIX OF CHARTERS, ETC. 253 

Finlasoun off Killeith, and Johnne Home off Carrelsyid, bailzie to the said ladie, 
ar becum cautioneris and souerteis for the saidis Johnne Lord Saltoun and Dame 
Margaret Stewart, and with thame all, coniunctlie and seuerallie, for payment 
of the sowmes off tocher befoir exprimit, at the termis off payment respectiue foir- 
saidis ; and bindis and oblissis thame all, thair airis, executouris, and assignais, 
coniunctlie and seuerallie, for payment of the same to the said Sir Alexander 
Fraser of Fraserburgh, knicht, and his foirsaidis, in maner and at the termis 
befoir specifeit : And the said Johnne Lord Saltoun and Dame Margaret Stewart 
bindis and oblissis thame and thair foirsaidis to warrant, fre, releiff, and keip 
skaith[les] the saidis cautioneris and ilk ane of thame, thair airis, executouris, and 
assignais, off the said cautionarie, and of all skaith that thai salhappin to sustein 
thairthrow ; and for suir obserwing off all and sindrie the pointis off this present 
contract and appointment, baith the saidis pairteis and cautioneris abonnamit, and 
curatouris foirsaidis off the said Johnne Lord Saltoun, and ilk ane off thame for 
thair awin pairtis respectiue, ar content and consentis that the same be inactit and 
registrat in the builds off our souerane lordis buikis off Counsall and Sessioun, to 
haue the strenth off ane act and decreit off the saidis Lordis and thair authoriteis 
interponit thairto, with executoriallis of hornyng, poinding and wairding, the ane 
but prejudice off the wther, to pas and be direct thairvpoun on ane singill chairge 
off ten dayis ; and for registrating heiroff in the saidis buikis, makis, constitutis and 
ordanes and ilk ane of thame, coniunctlie and seuerallie, 

thair werie lawfull and irreuocable procuratouris to consent thairto in thair 
names, in vberiore constitutionis forma : Promittentes de rato. In faith and witnes 
off the quhilkis, baith the saidis pairteis, cautioneris, and curatouris abon exprimit, 
and ilk ane off thame, for thair awin pairtis and enteress, hes subscriuit this pre- 
sent contract and appointment with thair handis, dayis, zeir, place respectiue foir- 
saidis, befoir thir witnessis, George Ogiluy off Carnowseis, Mr. Johnne Ogiluy, 
persoun off Crouden, Johnne Kennady, seruitour to the said Alexander Fraser, 
appeirand off Phillorth, Alexander Craufurde, serwitour to the said Sir Alexander, 
and Johnne Simpsoun, notar publict, Symon Lord Fraser of Lovat, Waltir Wood, 
appeirand off Bobigno, Mr. Alexander Smairt, pedagog to the said noble lord, and 
Patrick Levingstoun, servitour to the said noble ladie. Sic subscribitur. Johne 
Lord Saltoun ; Margaret Lady Saltoun ; S r A r Fraser of Fraserburgh ; Alexander 
Fraser ; Margaret Abernethie ; T. Otterburne of Eeidhalle, cautionar and cura- 



254 APPENDIX OF CHAPTERS, ETC. 

tore; M. Finlaisoune of Killithe, curatore and cawtionare; Johne Houme, 
cationare ; Hare Steuart of Craigehall, cationair ; Symon Lorde Fraser of Louett, 
vitnes ; Mr. Alex r Smart, witnes ; George Ogiluy of Carnowsie, witnes ; Walter 
Vod, fear of Fetter., vitnes ; Patrik Levingstoun, witnes ; Johnne Kennady, vitnes 
and wreitar heiroff. 

[On back.] — M ns , Ze, or ony of zow that beis desyirit, sail compeir for 

ws, pairteis, cautioneris, and curatouris, witbin subscrivaris, befoir the 
Lordis off Counsall and Sessioun, and tbair, as procuratouris for ws, in 
our names, consent to the registring of the contract within wretin in the 
buikis off Counsall and Sessioun, with executoriellis within specifeit to be 
direct thairvpoun, eftir the forme and tenour of the same : The quhilk 
to do we giff zow our full powar, and oblissis ws to hald ferme and 
stable, be this wreit, subscriuit with our handis, dayis, zeir and places 
respectiue, and befoir the witnessis respectiue within specifeit. Sic sub- 
scribitur. Johne Lord Saltoun; Margaret Lady Saltoun; S r A r Fraser 
of Fraserbrugh ; Margaret Abernethie. 



37. Charter by King James the Sixth to Sir Alexander Fraser, of the 
lands and barony of Philorth. 1st July 1592. 

Jacobus Dei gratia Rex Scotorum, omnibus probis hominibus totius terre sue, 
clericis et laicis, salutem. Sciatis nos nunc post nostram perfectam et legitimam 
etatem viginti quinque annorum completam in parliamento nostro declaratam, et 
generalem nostram reuocationem in huiusmodi factam, dedisse, concessisse, dis- 
posuisse, et hac presenti carta nostra confirmasse predilecto nostro Alexandro 
Fraser de Phillorth et heredibus suis masculis de corpore suo legitime procreatis 
seu procreandis, quibus deficientibus, legitimis et propinquioribus heredibus mas- 
culis et assignatis dicti Alexandri quibuscunque, hereditarie, totas et integras 
terras et baroniam de Phillorth, terras de Abirdour, cum suis pertinentiis, jacentes 
infra vicecomitatum nostrum de Abirdeine, terras de Teberti de Utelaw cum suis 
pertinentiis jacentes infra vicecomitatum nostrum de Banff, omnes ab antiquo in 
vnam baroniam Baroniam de Phillorth nuncupatam vnitas et annexatas, exten- 
dentes in integro ad viginti libratas terrarum antiqui extentus ; totas et integras 



APPENDIX OF CHARTERS, ETC. 255 

terras de Scattertie, cum piscariis salmonum super aqua de Doverne et earundem 
pertinentiis, jacentes in baronia de Kynedward ; totas et integras terras de Faithlei 
et Tyrie cum suis pertinentiis, vnacum portu de Faithleie et villa et burgo baronie 
eiusdem cum suis pertinentiis, jacentes in dicta baronia ; ac totas et integras terras 
de Kirktoun Tyrie cum suis pertinentiis, jacentes in baronia de Abirdouer; vnacum 
omnibus castris, turribus, maneriebus, fortaliciis, siluis, piscariis, annexis, connexis, 
toftis, croftis, liortis, pomeriis, partibus, pendiculis, tenentibus, tenandriis, libere 
tenentium servitiis, omnium et singularum dictarum terrarum, baronie et aliorum 
particulariter supra recitatorum et suis pertinentiis ; cum aduocatione, donatione et 
jure patronatuum rectoriarum et vicariarum ecclesiarum parochialium de Phillorth 
Tyrie, et Cremond ; cum omnibus et singulis capellaniis et prebendis omnium alter- 
agiorum infra dictas ecclesias aut aliquam earundem situatorum seu quovismodo 
eisdem spectantiuni : omnes prius vnitas annexatas et incorporatas in vnam integram 
etliberam baroniam Baroniam de Phillorth nuncupandam; omnes et singulas terras 
de Inneralloquhay, cum turre, fortabcio, manerie, domibus, edificiis, hortis, pomeriis, 
lacu et piscatione eiusdem, molendino, terris molendinariis, astrictis multuris eius- 
dem, cum aqueductu predicti lacus descendenti ad buiusmodi molendinum, prout 
protrahitur et extenditur et vt torrens in eadem labitur ; cum terris de Fortrie 
de Innerrowrie et molendino earundem vocatis Denend, cum astrictis multuris 
eiusdem, et piscatione alborum piscium, cimbis jjiscariis, lie wraik et wair, piscium 
escula lie fischlait in littore marino terrarum de Innerralloquhay, cum tenentibus, 
tenandriis, libere tenentium servitiis earundem, omnibusque suis partibus, pendi- 
culis et pertinentiis quibuscunque, extendentes ad tres libratas terrarum antiqui 
extentus, jacentes in baronia de Innerralloquhy ; totas et integras terras tertie 
partis ville et terrarum de Faithlei, cum tenentibus, tenandriis, libere tenentium ser- 
vitiis earundem, omnibusque suis partibus, pendiculis et pertinentiis quibuscunque, 
necnon totam et integram umbralem dimidietatem terrarum et villarum de Kin- 
drocht et Denend, cum molendino, terris molendinariis, multuris [et] sequelis eius- 
dem, annexis, connexis, partibus, pendiculis, lie outsettis, et singulis suis pertinentiis 
quibuscunque, jacentes in dicta baronia de Kinedwaird infra prefatum vicecomi- 
tatum nostrum de Abirdene ; cum carbonibus, carbonariis, patellis salinariis 
totarum et integrarum prescriptarum terrarum et baronie et salmonum piscariis 
in omnibus locis conuenientibus infra omnes bondas littoris marini et aquarum 
dulcium earundem ; cum privilegio et libertate lucrandi et capiendi esculam 



256 APPENDIX OF CHARTEKS, ETC. 

piscium, vulgo lie fischbait, infra fiuxum et metam marinam lie seymarh prefatis 
terris baronie et aliis superius mentionatis contigue adjacentibus • Quequidem 
omnes et singule prefate terre et baronia, cum portu et burgo baronie antedictis, 
vnacum omnibus et singulis earundem castris, turribus, fortaliciis, maneriebus, 
hortis, pomeriis, siluis, piscariis, molendinis, multuris, columbai'iis, patellis, salinis, 
priuilegiis, annexis, connexis, lie outsettis, toftis, croftis, partibus, pendiculis, ten- 
entibus, tenandriis, libere tenentium servitiis earundem, aduocatione, donatione et 
jure patronatus rectoriarum et vicariarum dictarum ecclesiarum, capellaniarum, 
prebendariarum et altaragiarum antedictarum, cum omnibus suis pertinentiis, 
prefato Alexandro Fraser de Phillortb perprius pertinuerunt ; et quas ipse, 
per procurators suos ad hoc legitime constitutos et literas suas patentes, in 
manibus nostris tanquam in manibus domini sui superioris earundem, apud 
Edinburcht sursum reddidit, pureque et simpliciter per fustum et baculum resig- 
nauit, ac totum jus et clameum, jjroprietateni et possessionem, que et quas in 
eisdem liabuit, babet seu quouismodo in futurum habere potuit, omnino quieto 
clamauit imperpetuum, in fauorem sui ipsius, pro hac nostra noua carta et infeo- 
datione sibi suisque heredibus masculis et assignatis modo subsequenti, nostro 
sub magno sigillo, desuper in debita forma danda et conficienda : Insuper nos, 
pro bono, fideli, et prompto, et gratuito seruitio nobis per memoratum Alexandrum 
Fraser de Phillorth impenso, et vt ipsi in eodem perseuerare occasio prebeatur, 
de nouo dedimus, concessimus et disposuimus, ac tenore presentis carte nostre 
damus, concedimus, et disponimus prelibato Alexandro Fraser, heredibus suis 
masculis et assignatis antedictis, omnes et singulas prefatas terras et baroniam de 
Phillorth, Abirdour, Tibberti de Vtelaw, dictas terras de Scattertie cum salmonum 
piscaria super aqua de Doverne, dictas terras de Faithlei et Tyrie cum portu de 
Faithley, villa et burgo baronie eiusdem, dictas terras de Kirktoun Tyrie, cum 
omnibus et singulis suis castris [etc.], omnes prius vnitas annexatas et incorporatas 
in vnam liberam baroniam Baroniam de Phillorth vocatam; totas et integras 
predictas terras de Inneralloquhay, cum turre, fortalicio, manerie, domibus, 
edificiis, hortis, pomeriis, lacu et piscatione eiusdem, molendino, terris molen- 
dinariis et astrictis multuris eiusdem, cum aqueductu predicti lacus descendenti 
ad huiusmodi molendinum prout protrahitur et extenditur, et vt torrens in 
eadem labitur, cum terris de Fortrie de Innerrowrie et molendino earundem 
vocatis Denend, cum astrictis multuris eiusdem, et piscatione alborum piscium, 






APPENDIX OF CHARTERS, ETC. 257 

cimbis piscariis, He wraik et wair, piscium escula, vulgo lie fischbait, in littore 
marino terrarum de Innerralloquhay, cum tenentibus, tenandriis, libere tenentium 
seruitiis earundem, partibus, pendiculis et suis pertinentiis quibuscunque ; totam 
et integram tertiam partem dicte ville et terrarum de Faithlei, cum tenentibus, 
tenandriis, libere tenentium seruitiis earundem, partibus, pendiculis et omnibus 
suis pertinentiis ; et totam et integram vmbralem dimidietatem dictarum villarum 
et terrarum de Kindrocht et Denend, cum molendino, terris molendinariis, 
multuris et sequelis eiusdem, partibus, pendiculis, annexis, connexis, lie outsettis 
et suis pertinentiis ; vnacum carbonibus, carbonariis, patellis salinis totarum et 
integrarum dictarum terrarum et baronie, salmonum piscariis in omnibus locis 
conuenientibus infra omnes bondas littoris marini et aquarum dulcium earundem, 
et priuilegiis dictis lie fiscbbait infra fluxum et metam maris dictis terris et barronie 
contigue adiacentis, et suis pertinentiis quibuscunque; cum omnibus jure [etc.] 
Necnon de nouo ereximus, fecimus, constituimus et creauimus, tenoreque presentis 
carte nostre erigimus, facimus, constituimus et creamus dictam villam de Faithlie 
in vnum liberum burgum baronie cum libero portu ; ac decernimus et ordinamus 
quod idem burgus et portus nunc et omnibus temporibus affuturis burgus et 
portus de Fraser nuncupatur : Cum speciali et plenaria potestate prefato Alexandre 
Fraser, heredibus suis masculis et assignatis antedictis, balliuos, thesaurarium, 
decanum gilde, consules, burgenses, officiarios, seriandos, et quosuis alios officiarios 
infra predictum burgum pro huiusmodi regimine et gubernatione, faciendi, 
eligendi et constituendi et creandi : ac cum potestate prefato Alexandro suisque 
predictis prescriptos balliuos, decanum gilde, thesaurarium, consules et alios 
officiarios, in predictis officiis annuatim eligendi, remouendi, imponendi et 
deponendi, quoties ipsis videbitur expediens : cum speciali et plenaria potestate 
burgensibus dicti burgi, ad libertatem eiusdem per prefatum Alexandrum, suos 
heredes masculos et successores presentes et futuros, debite electis, creatis, receptis 
et admissis, ad lie pak, peill, et infra dictum burgum emendi et vendendi vinum, 
ceram, pannum, laneum et lineum, latum et strictum, omnesque alias mercantias 
et stapule bona, vulgo lie stapill gudis : ac etiam cum potestate prefato Alexandro, 
suisque heredibus et successoribus, infra dictum burgum pistores, brasiatores, 
carnifices, piscatores, piscium venditores, alutarios, scissores, fullones, textores, 
fabros, carpentarios, lathaneos, textrices, calcearios et omnes alios artifices 
necessarios ad liberi burgi libertatem spectantes et pertinentes, tenendi, habendi, 
VOL. II. 2 K 



258 APPENDIX OF CHARTERS, ETC. 

admittendi et recipiendi : necnon cum potestate prefato Alexandra, suis heredibus 1 
masculis et assignatis, edificandi, habendi et tenendi in prefato burgo imperpetuum 
pretorium, crucem foralem, et fora hepdomadatim, die Lune et die Sabbathi, 
vnacum duobus liberis nundinis bis in anno, videlicet, Sancti Michaelis Archangeli 
et Sancti Joannis Baptiste ; cum priuilegio cuicunque nundine forum tenendi pro 
spatio octo dierum, ac custumas earundem pro dicti burgi intertenemento, 
sustentatione, edificatione et sustentatione dicti portus, colligendi, intromittendi 
et applicandi : Ac respectu amplissimorum et magnorum sumptuum in edificatione 
portus dicti burgi per dictum Alexandrum hactenus sustentatorum, ac perfectio 
et complementum eiusdem ipsi adhuc sumptuosum erit ; et nos illius animi 
existentes, quod dicti portus edificatio minime impediatur, sed vt potius admini- 
culetur et promoueatur, quia huiusmodi nostris liegiis et extraneis ibidem 
aduenientibus maxime vtilis et expediens est et erit ; ideo, cum potestate prefato 
Alexandro Fraser, heredibus suis masculis et assignatis- antedictis, omnes et 
singulas custumas et anchoragias quascunque dicti portus prefati burgi de Fraser, 
tarn per mare quam per terras, intromittendi, leuandi et percipiendi, ac easdem 
pro intertenemento dicti burgi, edificatione, sustentatione, et reparatione dicti 
portus, applicandi : Necnon cum speciali et plenaria potestate sepefato Alexandro, 
heredibus suis masculis et assignatis antedictis, resignationes omnium et singu- 
larum terrarum, tenementorum, annuorumque reddituum infra dictum burgum 
recipiendi, et eadem cuicunque persone vel quibuscunque personis, cum omnibus 
infeofamentis, cartis, sasinis, et aliis necessariis, concedendi et disponendi ; curias 
burgales infra dictum burgum et libertatem eiusdem ter in hepdomada, videlicet, 
die Lune, die Mercurii, et die Veneris, statuendi, affigendi, inchoandi, affirmandi, 
tenendi et quoties opus fuerit continuandi ; ac clericos, seriandos, adiudicatores, et 
omnes alios officiarios et curie membra necessaria creandi ; transgressores puniendi 
secundum leges regni nostri ; exitus, amerchiamenta et eschaetas dictarum curi- 
arum leuandi et recipiendi, et huiusmodi ad suos proprios vsus applicandi ; et pro 
eisdem, si opus fuerit, namandi et distringendi ; acta, leges, et statuta infra dic- 
tum burgum et libertatem eiusdem pro obseruantia boni ordinis in eodem faciendi, 
constituendi et ordinandi, ac huiusmodi transgressores attachiandi, arrestandi et 
in captiuitatem ponendi, et secundum leges regni nostri puniendi; cum pitt et 
gallous, infangtheif, outfangtheif; et generaliter omnia alia et singula faciendi, 
gerendi, dicendi et exercendi, que in premissis et circa ea necessaria fuerint. 



APPENDIX OF CHARTERS, ETC. 259 

Preterea vniuimus, annexauimus et incorporauimus, tenoreque presentis carte 
nostre vnimus, annexamus et incorporamus omnes et singulas prefatas terras et 
baroniam de Phillorth, Abirdour, Tibertie de Vtelaw, dictas terras de Scattertie 
cum piscaria salmonum super aqua de Douerne, dictas terras de Faithlie, Tyrie, 
dictum portum de Faithlie nunc et imperpetuum Portum de Fraser nuncupandum, 
villam et burgum baronie eiusdem, cum singulis . suis priuil.egiis, dictas terras 
de . Kirktoun Tyrie, aduocationem, donationem et jus patronatus rectoriarum 
et vicariarum prefatarum ecclesiarum capellaniarum et prebendariarum, prius 
vnitas et annexatas in liberam baroniam Baroniam de Phillortli nuncupandam, 
vt supra, dictas terras de Innerraloquhy, la'cum, piscationem et molendinum 
earundem, dictas terras de Fortrie de Innerrowrie vocatas Denend, molendinum et 
piscationes earundem, tertiam partem dicte ville et terrarum de Faithley, et 
vmbralem dimedietatem dicte ville et terrarum de Kindroclit et Denend, cum 
molendino earundem, vnacum omnibus suis castris [etc.] in vnam integrant et 
liberam baroniam, prefato Alexandro suisque heredibus masculis et assignatis, 
Baroniam de Phillortli omni tempore affuturo nuncupandam ; castrum, turrem et 
fortalicium de Phillorth principale messuagium dicte baronie ordinantes : Et 
vlterius nos nunc post nostram etatem viginti quinque annorum completam et 
generalem reuocationem in parliamento nostro declaratam, ex certa scientia et 
proprio motu, pro fideli et gratuito seruitio nobis per dictum Alexandrum impenso, 
•ac pro certis pecuniarum summis nostro thesaurario nomine nostro per ipsum 
gratanter persolutis, de nouo dedimus, concessimus et disposuimus, tenoreque 
presentis carte nostre damus, concedimus et disponimus dicto -Alexandro Fraser, 
heredibus suis masculis et assignatis prescriptis, aduocationem, donationem et 
plenum jus patronatus rectoriarum et vicariarum dictarum ecclesiarum parochi- 
alium de Phillorth, Tyrie, et Cremond, cum omnibus et singulis capellaniis et 
prebendis omnium altaragiorum infra dictas ecclesias aut quamcunque earundem 
situatorum seu quouismodo eisdem spectantium; vnacum aduocatione donatione 
et jure patronatus ecclesie parochialis et parochie de Rathin, que ab antiquo 
communis ecclesia episcopatus Abirdonensis fuerat et nunc ad nostram disposi- 
tionem et presentationem existens ; ac vniuimus, annexauimus et incorporauimus, 
tenoreque presentis carte nostre vnimus, annexamus et incorporamus aduocationem, 
donationem et jus patronatus rectoriarum et vicariarum dictarum ecclesiarum 
parochialium de Phillorth, Tyrie, Cremond et Rathin, cum omnibus et singulis 



260 APPENDIX OF CHARTERS, ETC. 

capellaniis et prebendis omnium altaragiorum infra dictas ecclesias aut aliquam 
earundem situatorum seu quouismodo eisdem spectantium, in et ad dictam 
baroniam de Phillorth cum eadem omni tempore affuturo inseparabiliter reman- 
entibus ; ac fecimus et constituimus, sicuti tenore presentium facimus [et] consti- 
tuimus prefatum Alexandrum Fraser de Phillortb, heredes suos masculos et 
assignatos, indubitatos et irreuocabiles patronos prefatarum rectoriarum et 
vicariarum respectiue, cum singulis capellaniis et prebendis omnium altaragiorum 
infra dictas ecclesias aut aliquam earundem, vt premissum est, situatorum ; cum 
potestate ipsis, personas babiles, aptas, et qualificatas pro buiusmodi, toties quoties 
easdem rectorias et vicarias, capellanias seu prebendas aut earum aliquam, per 
decessum, dimissionem, depriuationem seu inbabilitatem possessorum presentium 
aut futurorum, aut alias quouismodo vacare contigerit, ordinariis presentare, vt 
juris postulat ordo ; ac omnia alia et singula que ad dictam aduocationem, 
donationem et jus patronatus predictum [spectant], adeo libere vtenda, gaudenda 
et exercenda, sicuti aliquis alius patronus infra regnum nostrum fecit seu facere 
possit in similibus : Ac etiam volumus et concedimus, ac pro nobis et successoribus 
nostris pro perpetuo decernimus et ordinamus, quod vnica sasina nunc prefato 
Alexandro, beredibus suis masculis et assignatis predictis, omni tempore affuturo, 
apud principale messuagium, castrum, turrim et fortalicium de Pbillortli danda, 
stabit et sufficiens erit ipsis sasina pro omnibus et singulis prefatis terris, baronia, 
villa, burgo baronie supra specificatis, molendinis, multuris, priuilegiis et aliis 
particulariter supra recitatis, cum aduocatione, donatione et jure patronatus 
dictarum ecclesiarum parocbialium de Pbillortb, Tyrie, Cremond et Rathin, 
rectoriarum et vicariarum earundem, capellaniarum et prebendariarum infra 
easdem situatarum cum omnibus suis pertinentiis, nunc in vnam integram et 
liberam baroniam vnitis et annexatis, vt premissum est ; non obstante quod non 
jacent insimul et contigue sed in diuersis vicecomitatibus : Insuper, pro causis 
antedictis et pro diuersis aliis considerationibus nos mouentibus, dedimus, 
concessimus, tenoreque presentis carte nostre damus, [et] concedimus plenariam 
libertatem et potestatem prefato Alexandro Fraser, heredibus suis masculis 
et assignatis, collegium seu collegia infra dictum burgum de Frasser edifi- 
candi, vniuersitatem erigendi, omnia genera officialium eisdem conuenientium 
et correspondentium erigendi, locandi et depriuandi, fundationes pro eorum 
sustentatione et omnia priuilegia quecunque necessaria faciendi et dotandi ; 



APPENDIX OF CHAPTERS, ETC. 261 

rectores, principales, subprincipales, et omnia alia membra necessaria ad volun- 
tatem optionernque Alexandri predioti eiusque heredum et assignatorum mascu- 
lorum antedictorum faciendi, eligendi, mutandi et deponendi ; leges, acta et statuta, 
pro boni ordinis obseruatione, faciendi et custodire causandi ; et generaliter omnia 
alia et singula immunitatem et priuilegium vnius vniuersitatis concernentia, in 
amplissima forma et modo debito, in omnibus respectibus, vt conceditur et datur 
cuicunque collegio et vniuersitati infra regnum nostrum erectis seu erigendis, 
faciendi, agendi et exercendi : Tenendas et habendas omnes et singulas prefatas 
terras et baroniam de Phillorth, terras et alia supraspeeificata comprebendentes, 
videlicet, totas et integras dictas terras et baroniam de Phillorth, Abirdour, Tibbertie 
de Vtelaw [etc.] memorato Alexandro Fraser de Phillorth et heredibus suis 
masculis de corpore suo legitime procreatis seu procreandis, qnibus deficientibus, 
legitimis et propinquioribus heredibus masculis et assignatis dicti Alexandri qui- 
buscunque, de nobis et successoribus nostris, in feodo et hereditate et libera 
baronia imperpetuum, per omnes rectas metas suas antiquas et diuisas [etc.] : 
Reddendo inde annuatim dictus Alexander Fraser, heredes sui masculi et assig- 
nati prescripti, nobis et successoribus nostris, pro dictis terris de Phillorth, Abir- 
dour, Tibberti de Vttilaw, Scattartie, piscariis salmonum earnndem, Faithlei, 
Tyrie, Innerralloquhy, Fortrie de Innerrowrie, tertia parte terrarum de Faithlei, 
et vmbrali dimedietate de Kindrocht et Denend, cum castris, turribus, maneriebus, 
molendinis, multuris, siluis, piscariis, et suis pertinentiis superius mentionatis, 
vnam sectam ad j)lacitum capitale vicecomitatus nostri de Abirdene annuatim in 
die Sancti Michaelis Archangeli tenendum ; pro dicto portu de Fraser, villa et 
burgo baronie eiusdem, rudis, terris burgalibus et acris earundem burgo adjacen- 
tibus et pertinentibus, vnum denarium vsualis monete regni nostri nomine albe 
firme ad festum Pentecostes infra dictum burgum, si petatur tantum ; pro dictis 
terris de Kirktoun de Tyrie cum molendino et terris molendinariis vnam rosam 
in festo diuini Joannis Baptiste super solo dictarum terrarum nomine albe firme, 
si petatur tantum ; ac pro dictis aduocatione, donatione et jure patronatus prefa- 
tarum ecclesiarum parochialium rectoriarum et vicariarum earundem, prebendarum 
et capellaniarum infra easdem situatarum, vnum denarium in die festi Pentecostes 
apud prefatas ecclesias nomine albe firme, si petatur tantum. Insuper nos, pro 
causis antedictis, pro nobis et successoribus nostris decernimus et ordinamus quod, 
si contigerit prefatum Alexandrum Fraser, heredes suos masculos et assignatos 



262 APPENDIX OF CHAPTERS, ETC. 

antedictos, aliquam partem prescriptarum terrarum et baronie in coniuncta infeo- 
datione seu vitali redditu concedere et disponere aut easdem sub reuersione 
alienare et impignorare vllis temporibus affuturis, tenendam de nobis et succes- 
soribus nostris, nulle erunt cause rupture dicte baronie, violationis aut dissolutions 
predicte vnionis eiusdem, sed quam cito prefate terre alienate redempte erunt 
secundum reuersiones earundem, vel dicte terre in coniuncta infeodatione seti 
vitali redditu concesse vacabunt per decessus eorundem possessorum, eedem imme- 
diate reuertentur rjrescripte baronie et stabunt vnite et annexate cum eadem 
tanquam proprie partes, pendicula, et pertinentie eiusdem in coniuncta infeodatione 
vel vitali redditu, vt prefertur, absque vlla alia speciali seu particulari sasina de 
eisdem per prefatum Alexandrum Fraser, heredes suos masculos et assignatos 
antedictos, de nouo capienda : Proviso tamen, quod si contigerit dictum Alexan- 
drum nullos heredes masculos de corpore suo legitime procreatos habere, sic quod 
ipsius propinquior heres masculus minime de corpore suo legitime procreatus 
ad prefatas terras, baroniam et alia prescripta succedit, et inde heredes femmee 
dicti Alexandri de corpore suo legitime procreate seu procreande a jure 
hereditario earundem secludentur, tunc et eo casu heres masculus antedictus 
qui ad prefatas terras et baroniam -succedere contigerit, dictis heredibus femineis, 
vni seu pluribus, summam viginti mille librarum vsualis monete regni nostri 
persoluere tenebitur et astringetur : In cuius rei testimonium huic presenti carte 
nostre magnum sigillum nostrum apponi precepimus ; testibus, ut in aliis cartis 
consimilis date precedentibus. Apud -Edinburgh, primo die mensis Jiilij, anno 
Domini millesihio quingentesimo nonagesimo secundo, et regni nostri vigesimo 
quinto. 1 

1 Registrum Magni Sigilli, Lib. xxxvii. No. the same, in the barony and shire aforesaid, 

481. and the lands of Kirktoun Tyrie, in the shire 

In the year 158S, King James the Sixth of Aberdeen. The charter contains a clause of 

granted to Alexander Eraser of Philorth a novodamus of the lands and barony, and 

charter, under the Great Seal, of the lands and erects the town of Faithlie into a free burgh 

barony of Philorth, the lands of Abirdour, in of barony, with a free port, with power to the 

the shire of Aberdeen, the lands of Tibertie said Alexander, his heirs and assignees, to 

and Utlaw, in the shire of Banff, all united elect bailies, treasurers, etc. Further, the 

of old into the barony of Philorth ; the lands charter unites the whole foresaid lands and 

of Scattertie, with the fishings thereof, in the barony into one free barony, to be called the 

barony of Kinedward and shire of Aberdeen, barony of Philorth, the tower of Philorth to 

the lands of Faithlie and Tyrie, with the port be the chief messuage ; and incorporates the 

of Faithlie and town and burgh of barony of patronages of the parish churches of Philorth, 



APPENDIX OF CHAPTERS, ETC. 263 

38. Eatification and Act of Parliament in favour of the University 
of Fraserburgh. 16th December 1597. 

Oure Souerane Lord and thrie estaitis of this present Parliament, vnderstanding 
that Alexander Fraser of Fraserbrughe, knycht, in the zeir of God j m v c fourscoir 
tuelff zeiris, obtenit ane new infeftment of his haill landis and baroneis of 
Phillorthe, Tepertie, Faythlie, Tyrie, Skattertie, and diuerss vtheris landis 
mention at and contenit in the said infeftment, with expres vnioun contenit iu 
the samin, in the quhilk also the said Sir Alexander hes obtenit the toun and 
brughe of Faythlie, now callit Fraserbrughe, ereetit in ane frie brughe of baronie, 
with priveleges, liberteis, and immwniteis thairto contenit in the said infeftment : 
As also with expres libertie to big ane towbuyth for ministratioun of justice, and 
ane hewin for the ease and commoditie of the cuntrey and liegis, with priuelege 
for vphalding of the samin ; to found ane vniuersitie, big and mak collegis, place 
maisteris and teachearis, with all privelegis and immwniteis that may pertene to 
ane frie vniuersitie, with the rest of the patronagis of all and haill the personagis 
and vicaragis of the paroche kirk of Phillorthe, Tyrie, Kremound, and Eathyn, 
with all the landis, prebendareis, and alteragis appertening thairto, as at mair 
lenthe is contenit in the said Alexanderis infeftment gewin to him thairvpone, as 
the samin, of the dait the first day of Julii, the zeir of God foirsaid, at mair lenthe 
proportis. Sen the quhilk tyme of the granting of the said infeftment, with the 
haill privelegis and immuniteis thairin contenit, the said brughe hes nocht onlie 
greatumlie florischit and incressit in bigging, repair, and resorte of peple, sua that 
sindrie gentilmen of the cuntrey is becumin inhabitants and burgessis of the 
said brughe, bot also the said Alexander, vpone his large and exhorbitant expensis, 
to the honour and decoratioun of the realme and ease of the haill liegis, hes 
biggit ane sure hevin and porte quhairvnto shippis, barkis, and boittis may repair 
and dailie repairis; as alsua the said Alexander being of deliberat mynd and 

Tyrie, and Crenipnd with the barony. Dated town and burgh of Fraserburgh, formerly 
at Holyroodhouse, 9th April 15.88. — [Regis- called Faithlie, was erected into a free port, 
trum Magni. Sigilli, Lib. xxxvi. No. 501.] . free burgh of barony and free regality, with 
In 1601, Sir 1 Alexander Fras«r of Philorth, right to repledge the burgesses and iuhabi- 
and Fraserburgh, knight, obtained another tants. The charter renews to the grautee the 
charter under the Great Seal, whereby the power of building a college and erecting a 
lands above recited and others were of new university. Dated 4th April 1601. — [Regis- 
erected into the barony of Philorth, and the trum Magni Sigilli, Lib. xliii. No. 133.] 



264 APPENDIX OF CHARTERS, ETC. 

purpois to erect ane vniuersitie within the said brughe, with all priuelegis apper- 
tening thairto, according to the tenour of his infeftment, hes [begwn] to edifie 
and big vp collegis, quhilkis nocht onlie vill tend to the great decoirment of the 
cuntrey, bot also to the advancement of the loist and tint zouthe in bringing 
tham vp in leirning and vertew, to the great honour and weill of our said 
souerane lord and natioun, quhilk honorabill intentioun and pollicie maid and to 
be maid be the said Sir Alexander, vpone his exhorbitant and large expensis, audit 
and suld be furtherit and advancit, and the said Sir Alexander nocht onlie allowit 
thairintill, bot also helpit and supportit to do the samin ; thairfoir our said souerane 
lord and thrie estaitis of this present Parliament, for the forth er advancement of the 
said brughe and collegis, and for the sustentatioun and intertenement of maisteris, 
teichearis, and officemen within the collegis of the samin, hes, with expres con- 
sent and assent of the said Alexander, dotit, gewin, and mortefeit the foirsaidis 
personagis, vicaragis, prebendareis, chaplanreis, and alteragis, haill teyndis small 
and great, landis, rowmes, and possessionis appertening thairto, proifeitis, dewteis, 
annuelrentis, and emolumentis quhatsumevir, and ad manum mortuam disponit the 
samin to the saidis college or collegis perpetuallie in all tymis cumming, newir to be 
separatit nor secludit thairfra, bot the haill fruittis, rentis, proffeitis, dewteis, annuel- 
rentis, and emolumentis of the samin to be employit to the intertenement and 
sustentatioun of the maisteris, teachearis, and officemen serwand in the saidis 
collegis, to be gewin and distributit be the said Alexander Fraser of Fraserbrughe, 
knycht, patron, and his airis maill, provyding that this present mortificatioun 
be navayis preiudiciall nor hurtfull to the said Sir Alexanderis rycht in the 
bruiking, joysing, and posseding of all and quhatsumevir teyndis, rentis, and 
emolumentis of the saidis personage and vicarage abonewrittin during the tyme of 
his takis thairof : Provyding alwayis the saidis maisteris of the said college or 
collegis ather serve the cure of the saidis kirkis, or then the saidis maisteris, with 
advyis of the patron, furneis sufficient men for serveing the cure of the saidis 
kirkis, sua that the parochineris be nocht frustrat of the sacrementis, teicheing, 
and preicheing of the word of God : and our said souerane lord and thrie estaitis 
foirsaidis ordanis ane infeftment to be past vnder the Great Seill, in the maist 
large and ample forme, gif neid beis, mortefeand, dottand, and disponand to the 
saidis college or collegis, maisteris and teachearis, within the samin, the saidis per- 
sonagis, vicaragis, prebendareis, chaplanreis, and alteragis, haill proffeittis, and com- 



APPENDIX OF CHAPTERS, ETC. 265 

moditeis appertening thairto ; and for the better performing of the premissis, and 
for the said Sir Alexander Fraser of Fraserbrughe, knycht, his better securitie, our 
said souerane lord and thrie estaitis ratifeis, apprivis, and confirmis the foirsaid in- 
feftment maid and grantit to the said Sir Alexander, his airis maill and of tailzie, 
the haill erectionis, vnionis, priuielegis, immwniteis, and liberteis coDtenit thairin- 
till, quhilk his Maiestie and estaitis willis to stand as ane perpetuall and perfeit 
securitie to the said Sir Alexander, his airis maill and successoris, conform to 
the tennour of the said infeftment and mortificatioun abone expremit, of the dait 
abone mentionat : And that the said infeftment, haill landis, priuelegis, and im- 
mwniteis thairin contenit may remane with the said Sir Alexander, his airis 
and successoris thairin mentionat, in all tymis cumming, newir to be quarrellit, 
impedit, nor tane away be Act of Parliament, statut, ordinance, reuocatioun, or 
vther forme of law, anent the quhilk his Maiestie and thrie estaitis foirsaidis dis- 
pensis and reuokis, rescindis, cassis, and annullis all and quhatsumevir disposi- 
tionis and rychtis of patronagis of the saidis beneficis, kirkis, or ony of tham, 
maid to quhatsumevir vther persone or personis, and all and quhatsumevir 
vther rychtis, titillis, and securiteis quhilkis in ony vayis may stay or impeid 
the effect of thir presentis, mortificatioun, and erectionis foirsaidis : Eeservand 
alvayis actioun to Hay of Vrie for the kirk of Cremound, gif ony rycht he 

hes in and to the said kirk and teyndis thairof, to be procedit befoir the juge 
ordinar, as accordis of the law. 1 



39. Letters of Publication of the Privileges of Fraserburgh. 
19th May 1601. 

James, be the grace of God King of Scottis, to our louittis Gilbert Guthrie, 
zounger, Linlythgow pursevant, messingeris, our schirreffis in that 

pairt, couiunctlie and severallie, speciallie constitut, greating. Forsamekill as it 
is humelie meanit and schawin to ws be our louitt Sir Alexander Fraser of 
Phillorth and Fraserburgh, knycht, that quhair we, be our infeftment vnder our 
greit seill, haif erectit and disponit to the said complener, his airis male and assig- 
nais, heretablie, all and haill the said compleneris landis and leving in ane fre 
barrony, and be the same infeftment, for dyveris greit respectis and gude considera- 
1 Acts of the Parliaments of Scotland, vol. iv. p. 147. 
VOL. II. 2 L 



266 APPENDIX OF CHARTERS, ETC. 

tiounes moving ws, we haif erectit, maid, constitut, and creat the said compleneris 
toun and burgh, of Fraserburgh, with the haill landis lyand within the boundis of 
auld callit Faythlie, and all thair pairtis, pendicles, and pertinentis quhatsumeuer, 
togidder with the tour and fortalice of the said burgh, with the wyndmylnis and 
wattermylnis of the same, and loch thairof; and with all and sindrie houssis, 
biggingis, zairdis, landis, tenementis, zairis, aikeris, ruidis, toftis, croftis, outsettis 
pairtis, pendicles, and pertinentis thairof, with the haill collegis and vniuersiteis 
within the same, in ane fre port and heavyn, and in ane fre burgh of barrony, and 
in ane fre regalitie, with fre chapell and chancellarie, with all prevelegis, immwni- 
teis, and jurisdictiones of ane fre regalitie, to be callit the burgh, port, heavyn, 
and regalitie of Fraserburgh, perpetuallie in all tyme cuming, and with speciall 
and full power to the said complener, his airis male and assignais, to mak, elect, 
constitut, and creat baillies, thesaurar, dene of gild, counsall, burgessis, fremen, 
seriandis, and quhatsumever vtheris officeris and rewlaris neidfull within our said 
burgh, for the rewling and governament of the same, and to elect, chuse, imput, 
and output the saidis baillies, thesaurar, dene of gild, counsall, and vtheris officeris 
in the saidis offices zeirlie, and to depose thame for ressonabill caussis als oft and 
sa oft as the said complener sail think expedient; and with speciall and full 
power also to the saidis burgessis and fremen of our said burgh dewlie electit, 
chosin, ressavit, and admittit to the fredome thairof, now present and that sal- 
happin to be for the tyme, to pak and peill, and within the same burgh and fre- 
dome thairof to by and sell wyne and walx, clayth, lynning and wolne, braid and 
narrow, and all vtheris kyndis of marchandrice and stapill guidis ; and lykwys to 
hald, admit, and ressave within our said burgh baxteris, browsteris, fiescheouris, 
fische selleris, tailzeouris, cordineris, wobsteris, walkeris, wrychtis, smythis, and 
all vtheris craftismen necessar pertening and belanging to the libertie of ane fre 
burgh, with power lykwys to the saidis craftismen, burgessis, and fremen, and thair 
successouris, to vse and exerce the saidis craftis als frelie as ony vther fremen and 
burgessis within, our realme ; and als with power to the said complener, his airis 
male and assignais, and to the saidis burgessis and fremen of our said burgh and 
thair successouris, to big and hald within the same burgh ane tolbuyth and 
market croce, and tua market dayes oulklie, vpone the Mononday and Satterday, 
with tua fre fairis twyse in the zeir, videlicet, Sanct Michaelis day and Sanct 
Johnnes day (the Baptist), with prevelege to hald market at ilk ane of the 



APPENDIX OF CHARTERS, ETC. 267 

saidis fairis for the space of aucht dayes, and to collect, gadder, intromet with, 
and apply the customes thairof for the intertenyment, sustening, reparatioun, and 
building of our said burgh, port, and heavyn : And in respect of the greit expenssis 
sustenit be the said complener vpone the bulding of the port and heavin of our 
said burgh, and that it will be lairge expenssis to the said complener to compleit 
the same, and we being alwys of mynd that the bigging and reparatioun of the 
said port and hevin be nawys deleyit, bot rather that the same be advancit, 
becaus it is and will be verrie confortabill to our lieges and all vtheris extranearis 
resortand thairto, thairfoir gevand power to the said complener, his airis male 
and assignais, to intromet with, vplift, and ressave all and sindry the custumes, 
anchorages, and hevin silver of the said port and heavin of our said burgh of 
Fraserburgh, alsweill be sey as land, and to apply the same for the bigging, inter- 
tenyment, and vphald of our said burgh, port, and heavin, and als to intromet 
with, vplift, vse, and dispone, vpone all and sindry the fischingis, alsweill salmond 
as quhyt fisch, and alsweill in salt as fresch watteris, within the haill boundis 
foirsaidis of our said burgh of barrony and regalitie, with wrak and wair, and 
to gadder fische bait within the haill boundis foirsaidis at thair plesour ; and als 
with power to the said complener, his airis male and assignais foirsaidis, to ressave 
the resignationes of all and sindry the tenementis, toftis, croftis, houssis, biggingis, 
zairdis, annuelrentis, and vtheris within our said burgh, and to gif and dispone 
the same to quhatsumeuer persone or persounes havand rycht, with all infeft- 
mentis, chartouris, sesingis, and vtheris necessar; burrow Courtis within our 
said burgh and fredome thairof, at all tymes as thai sail think expedient, to 
set, affix, begyn, affirme, hald, and continew, als oft as neid beis ; and to creat 
clerkis, seriandis, dempsteris, and all vtheris officeris and memberis of court 
neidfull ; transgressouris to pwneis, and to heid and hang, burne and drowne 
the saidis transgressouris, conforme to the lawes of our realme, with pit and 
gallos, infangtheif and outfangtheif, vnlawes, amerchiamentis, bludwetis, and 
escheitis of the saidis courtis, to lyft, vptak, and to thair awin vse to apply, 
and gif neid beis, to poynd and distrainze thairfoir ; actis, lawes, and statutis 
within our said burgh and fredome thairof for observing and keiping of gude 
ordour thairin alsweill [be] the inhabitantis thairof as [be] all vtheris our lieges 
complenand, to mak and ordane ; and to atteiche, arreist, waird, impresoun, and 
pwneis all transgressouris of the saidis lawes, alsweill the induellaris of our said 



268 APPENDIX OF CHARTERS, ETC. 

burgh as all vtheris resortand thairto, and apprehendit within the boundis thairof, 
conforme to the lawes of our realme ; the burgessis, tennentis, and inhabitantis 
within the boundis of the foirsaid burgh and regalitie being atteitchit, callit, or 
arreistit befoir quhatsumever our justices or judges, criminall or civile, within our 
realme, for quhatsumeuer caus, criminall or civile, to repledge and aganebring fra 
the saidis judges, criminall or civile, thair offices and jurisdictioun, to the prevelege, 
libertie, and jurisdictioun of the courtis of the said regalitie; cautioun of collerath, 
for administratioun of justice to partyes compleuand, within terme of law, to gif 
and fynd, and all and sindry escheitis, bludweitis, amerchiamentis, vnlawes, and 
vtheris deweteis quhatsumever of the saidis courtis, to lyft, vptak, and to thair 
awin vse the samyne to apply, togidder with all and sindry vtheris escheitis of 
moviabill guidis and lyfrentis, and of all vtheris accidentis and casualiteis quhat- 
sumever, quhilkis salhappin to fall within the boundis of the said burgh and 
regalitie or ony pairt thairof, to gif, dispone, vplift, ask, crave, and ressave, or 
vtherwys the same to thair awin vse to apply, and gif neid beis, to poind and 
distrenze thairfoir ; and generallie all and sindry vther thingis to do within our 
said burgh and fredome thairof, als frelie in all respectis as ony vther burgh within 
our realme lies done or may do : And mairour, we haif grantit and gevin full 
power, libertie, and licence to the said complener, his airis male and assignais 
foirsaidis, to big and hald within our said burgh of Fraserburgh ane college or 
collegis, ane or ma, and to erect ane vniuersitie thairin, and to erect, elect, place, 
and displace all kynd of offices and functiounes, and officeris necessar and requisite 
for the same, and to dott, gif, and mak fundationes for thair sustentatioun, and 
all vtheris prevelegis necessar, and to nominat, elect, place, and displace within 
the saidis vniuersiteis and collegis, rectouris, principallis, subprincipallis, and all 
vtheris memberis necessar, at thair optioun and plesour ; and als to mak and con- 
stitut iawes, ordinances, actis, and statutis for keiping of gude ordour thairin, and 
caus the same to be obeyit and keipit perpetuallie in all tyme cuming ; and 
generalie all vther thingis to do, exerce, and vse perteuing and belanging to ane 
vniuersitie and fre college, with all prevelegis, jurisdictiones, and immwniteis 
quhatsumeuer requisite thairanent, als frelie in all respectis as ony vther fre college 
or vniuersitie within our realm, as in the said infeftment vnder our greit seill, 
grantit be ws thairvpone, schawin and producit befoir the Lordis of our Counsall, 
at mair lenth is contenit, quhairvpone it is necessar to the said complener to haif 



APPENDIX: OF CHARTERS, ETC. 269 

thir our letteris of publicatioun for publeissing thairof according to the orclour [vseit] 
in sik caissis, as is allegit : Oure Will is [heir]foir, and we charge zow straitlie 
and commandis that, incontinent thir our letteris sene, ze pas to the mercat croces 
of our burrowis of Abirdein, Fraserburgh, and vtheris places 

neidfull, and thair be oppin proclamatioun thairat, in our name and auctoritie, 
mak publicatioun of the premissis, sua that na persone nor persounes pretend 
ignorance thairof heirefter ; and to do nor attempt na thing in hurt or preiudice 
thairof in ony tyme cuming, vnder all hiest pane and chairge that efter may 
follow, according to justice, as ze will ansuer to ws thairvpoun; the quhilk to do 
we commit to zow, coniunctlie and seueralie, our full power be thir our letteris, 
delyvering thame be zow, dewlie execute and indorsat, agane to the berar. 
Gevin vnder our signet, at Edinburgh, the nyntene day of Maij, and of our regnne 
the xxxiiij zeir, 1601. 

Ex deliberatione dominorum consilii. 

[Execution on the back by Gilbert Guthrie, younger, Linlithgow pursuivant, 
and certification by William Chalmers, notary public, that the letters were 
proclaimed at the market cross of Aberdeen, on the 8th day of August 
1601, "being ane mercat day," by the said pursuivant.] 



40. Charter by Sir Alexander Fraser, knight, to the Burgh of 
Fraserburgh. 2 2d December 1613. 

Omnibus hanc cartam visuris vel audituris, dominus Alexander Fraser de Fraser- 
burghe, miles, baro baronie et regalitatis ejusdem dominus, eternam in Domino 
salutem : Quia per cartam supremi domini nostri Eegis nobis sub magno suo 
sigillo, de data apud Halyrudhous die mensis anno Domini 

millesimo sexcentesimo primo concessam, burgum de Fraserbrught, cum integris 
terris jacentibus infra bondas ab antiquo vocatas Faythlie, et omnibus suis par- 
tibus, pendiculis et pertinentiis quibuscunque ; vna cum turre et fortalicio dicti 
burgi, cum aquaticis molendinis et ventosis ac lacu ejusdem, ac cum omnibus et 
singulis domibus, edificiis, hortis, terris, tenementis, lie zearis, acris, rudis, toftis, 
croftis, lie outseatis, partibus, pendiculis. et pertinentiis ; cum omnibus vniversi- 
tatibus et collegiis infra idem ; in vnum liberum burgum baronie, liberum portum 



270 APPENDIX OF CHARTERS, ETC. 

ac liberam libertatem, cum libera capella et cancellaria, cum omnibus priuilegiis, 
immunitatibus et iurisdictionibus libere regalitatis, nobis dicto domino Alexandro, 
beredibus nostris masculis et assignatis, erectum est, Burgum et Portum de 
Fraserbrugbe omni tempore futuro nuncupandum ; cum plena potestate, balliuos, 
thesaurarium, decanum gilde, consules, burgenses, liberos, seriandos et quoscunque 
alios deputatos officiarios et gubernatores necessarios infra dictum burgum et 
regalitatem, pro regimine et gubernatione ejusdem, faciendi, eligendi, constituendi 
et creandi, prout in dicta carta de data antescripta, immunitates, priuelegia, liber- 
tates et iurisdictiones prefatas cum multis aliis continente, latius babetur : Et quia, 
virtute cujusdam contractus, de data apud Fraserbrugbe et respectiue vige- 

simo sexto Augusti, septimo Octobris, anno Domini millesimo sexcentesimo 
decimo tertio et initi et confecti inter nos et bonorabilem virum, Jobannem 

Forbes de Petsligo, pro nobis ipsis mutuoque et vniformi consensu, et cum con- 
sensu bonorabilium etiam virorum, Andree Fraser de Steanivood, Eutbredi 
Makduell de Mandurk, Tbome Giffurd de ScberifFhall, Jacobi et Simonis Fraseris 
filiorum nostrorum, pro suis interesse ab vna, et Alexandrum Fraser de Durris 
Beltie, Robertum Fraser ejus filium et beredem apparentem, Hugonem Crafurd 
de Quhytbill, Jacobum Fraser de Cairness, Gulielmum Fraser, Gulielmum Birnie in 
Fraserbrughe, Andream Sandersoun, Constantinum Ramsay, Archibaldum Grig, 
Johannem Grig, Alexandrum Fraser, Magnum Fraser, Alexandrum Fraser de 
Bogheid, Angusium Murray, Tbomam Reid, Tbomam Simpsoun, Alexandrum 
Thomsoun, Andream Richie, Patricium Hendersoun, Gulielmum Baxter, Alex- 
andrum Findlay, aliosque feodatarios tenementorum dicti burgi, pro se et corpus 
ejusdem burgi representantes, partibus ab altera, penes boc infeofamentum 
conficiendum, privilegia, immunitates et libertates subscriptas, dicto burgo, 
feodatariis, liberis et burgensibus ejusdem concedendas, obligamur et ad ea que 
subsequuntur iisdem perficienda tenemur : Noueritis igitur nos, dictum dominum 
Alexandrum Fraser de Fraserbrugbe, militem, cum consensu dicti Joannis Forbes 
de Petsligo, dictumque Joannem pro se, et vtrum nostrum mutuo et vniformi 
consensu et cum consensu suprascripto, pro causis antedictis, pecuniarum summis 
in eodem contractu expressis, aliisque causis rationi consonis animum meum ad 
hoc mouentibus, dedisse, concessisse, contulisse et hac presenti carta nostra 
confirmasse, necnon tenore presentium dare, concedere, conferre, et hac presente 
carta nostra titulo oneroso cum consensu antedicto, secundum potestatem et 



APPENDIX OF CHARTERS, ETC. 271 

libertatem nobis virtute dicte carte supremi domini nostri Eegis concessam, titulo 
oneroso confirmare prefatis feodatariis, liberis et burgensibus dicti burgi, qui sunt 
et qui futuri sunt, debite electis, creatis, admissis et receptis ad libertatem 
ejusdem, plenam et liberam potestatem ad lie pack et peill, ac infra dictum 
burgum et regalitatem antedictam et libertatem ejusdem emendi et vendendi 
vinum et ceram, laneum et lineum, latum et strictum, omnesque alias mercantias et 
stapula bona, et alios quoscunque, non liberos seu burgenses, ab hujusmodi 
niercantiis infra bondas prescriptas impediendi ; ac eciam potestatem infra 
dictum burgum, pistores, brasiatores, carnifices, piscatores, piscium venditores, 
alutarios, scissores, fullones, textores, fabros, carpentarios, lathanios, textrices, 
calciarios, et omnes alios artifices necessarios ad liberi burgi libertatem spectantes, 
admittendi, habendi et recipiendi ; ac cum potestate artificibus, burgensibus et 
liberis, eorumque successoribus, admissis, electis et receptis, vt predicitur, dicta 
artificia adeo libere vtendi et exercendi sicuti aliqui alii [feodatarii] atque liberi et 
burgenses infra regnum Scotie ; ac cum potestate etiam edificandi, habendi et tenendi 
infra dictum burgum pretorium ac crucem foralem, duoque fora hebdomadatim die 
Lune et die Sabathi, vnacum duabus liberis nundinis in anno, videlicet, in diebus 
Sancti Michaelis archangeli et Sancti Joannis Baptiste; cum privilegiis cujus- 
cunque nundine forum tenendi pro spatio octo dierum, ac custumas earundem 
pro dicti burgi portus, communium operum ejusdem, et pro libertate regalitatis 
premisse reparatione et tuitione, recipiendi, levandi et applicandi : Prout etiam 
dedimus et concessimus, ac virtute presentis carte nostre cum consensu antedicto 
damus et concedimus preescriptis liberis et burgensibus dicti burgi, et eorum 
successoribus burgensibus ibidem, omnes et singulas custumas, tollonias, anchor- 
ages et lie hewining sibver, fyss bollis, fyss tries prefati portus, tarn per mare 
quam per terras, et potestatem eadem recipiendi et colligendi, ac pro nostro 
intertenemento, edificatione et reparatione dicti portus, vulgo lie bulvark, 
praetorii, crucis foralis et communis schole, quas concessimus et dedimus dicto 
burgo et burgensibus ejusdem (sub conditionibus inferius patentibus), aliorumque 
communium operum dicti burgi, et pro libertate regalitatis prescripte, consilio et 
auisamento [nostro] nostrorumque heredum masculorum et assignatorum et consilio 
et auisamento consiliorum adhibito et interposito, applicandi et impendendi (reser- 
uando tamen nobis nostrisque antedictis domos inferiores presentis pretorii, cum 
libero introitu, exitu et earundem vsu omni tempore futuro) : Ac cum potestate 



272 APPENDIX OP CHARTERS, ETC. 

etiam liberis et burgensibus predictis, nauiculas piscatorias habere, et babentibus 
appellere easdem suas nauiculas infra portum orientalem, vulgo within the east 
shoir and bulwark, [vbi] naues maiores se nauigando inferri solent ; et cum liber- 
tatibus dictis piscatoribus et nauiculas piscatorias babentibus colligendi et 
percipiendi piscium escula, vulgo sek fyss baitt, in omnibus locis solitis et 
consuetis inter aquam de Phillorthe et limitem de Feingzeask : Necnon 
cum libertate dicto burgo, burgensibus et liberis ejusdem, vsus aqueductus ad 
purgandum, quotiens opus fuerit, portum vulgo lie harborie de Fraserbrughe, prout 
idem aqueductus de presenti currit aut vt in posterum, consilio et auisamento 
nostro nostrorumque antedictorum et consiliariorum prefati burgi, commodius 
se ferre inuenietur ; cum terre et lapidum libertate ad sustentandum, continendum 
perpetuum cursum ejusdem : Proviso tamen quod, si contigerit nouum praetorium, 
nouam crucem foralem, et scholam novam infra dictum burgum edificari et erigi, 
tunc et in eo casu presens schola, crux et pretorium que nunc sunt, libere et heredi- 
tarie ad nos dictum dominum Alexandrum, heredesque nostros masculos et 
assignatos, cum omni jure et titulo proprietatis revertentur. Insuper etiam pro 
causis antedictis dedimus et concessimus, cum consensu predicto, balliuis et con- 
sulibus dicti burgi qui pro tempore fuerint aut futuri sunt, pro regimine ejusdem, 
potestatem leges et statuta liberis et burgensibus imponere quotiens opus fuerit, 
et secundum cause exigentiam, nostro nostrorumque consilio in iisdem condendis 
constituendisque adhibito ; et potestatem etiam dictis ballivis debite electis et 
receptis curias burgales infra idem burgum affigendi, inchoandi, affirmandi et 
continuandi, toties quoties ipsis videbitur pro bono et commodo dicti burgi, et 
earundem legum preuaricatores et violatores debita pena et multa punire : 
Reseruando tamen per omnia nobis dicto domino Alexandra, heredibus nostris 
masculis et assignatis, plenam et solimodam potestatem et jurisdictionem superiori- 
tatis prefati burgi de Fraserbrughe, titulum et authoritatem precipui et primi 
magistratus (vulgo the richt off provestrie thairoff), omni tempore futuro, 
et plenam potestatem creandi burgenses, annuatimque balHvos, thesaurarium, 
decanum gilde, ac omnes alios inferiores magistratus et officiarios necessarios pro 
regimine prefati burgi eligendi (auisamento tantummodo antiquorum magistra- 
tuum ejusdem in nouorum magistratuum electione et admissione adhibito), ac 
eosdem pro rationabilibus causis. prout nobis expediens videbitur deponendi, 
secundum potestatem nobis dicto domino Alexandra per cartam supremi domini 



APPENDIX OF CHARTERS, ETC. 273 

nostri Eegis concessam, et cum conditionibus in electione inferiorum seriandorurn 
in dicto contractu specificatis : Prouiso nihilominus quod liberi et burgenses dicti 
burgi, communia opera et portum, vulgo the bulwark and harberie ejusdem burgi, 
ceteraque omnia communia opera ibidem que sunt et que erunt, salva et integra 
tuebuntur, ad quod faciendum obligati virtute hujus carte erunt in perpetuum, et 
ad tuendum et defendendum dictum burgum appellari semper Fraserbrughe ; et 
quod ferent in vexillis et pilis suis publicis et in sigillo communi et sigillo 
causarum dicti burgi insignia et arma de Fraser omni tempore futuro. Volumus 
etiam quod, si contigerit quemvis dictorum burgensium et liberorum et feoda- 
tariorum rebellem vel rebelles per diem et annum fore ob aliquam causam a nobis 
dicto domino Alexandra nostrisque antedictis prouenientem, vnde vitalis redditus 
illorum vel illius tenementorum vel tenementi de nobis in capite tentorum jure 
superioritatis in manus nostras deuenerit, tunc et in eo casu, libere, gratis, et 
absque vllo dispendio vxor et liberi hujusmodi rebellis, vitali redditu talis 
tenementi vel tenementorum gaudebunt durante vita rebellis, pro solutione in 
carta feodofirmaria dictorum tenementorum respectiue contenta; si vero causa 
rebellionis ab ipsis burgensibus et liberis processerit, vitali suo redditu ibidem 
gaudebunt, pro vitali redditu cujuslibet tenementi solventes summam quinque 
marcarum vsualis monete regni Scotie, tantum ; perimplendo tamen annuatim 
nobis nostrisque antedictis, prout in particularibus cartis dictorum tenementorum 
obligantur. Declaramus etiam, et virtute presentis carte nostre designamus, 
cum consensu, retornatum totius dicti burgi fore omni tempore futuro et 
extendere tantum ad summam monete antedicte, juxta ratam 

cujus in posterum solvent taxationes in feofamentis tenementorum suorum con- 
tentas et continendas, vt predicitur. Declaramus etiam et notum facimus, quod 
acre seu rude terrarum, vulgo the outfeiddilland, que aliquando, simul cum 
quibusdam tenementis per nos nunc hereditarie et absque regressu dispositis, 
impignorate fuerunt, nullo modo in posterum redimende venient nisi per 
solutionem vel consignationem totius summe in reversionibus respectiue desuper 
factis contente ; et quod eedem reversiones ad predicta tenementa, vt prefertur 
disposita, minime extend entur; ad que tenementa hereditaria obligamus nos 
dictum Alexandrum nostrosque heredes et assignatos antedictos, ac prefatum 
Johannem Forbes de Petsligo, cum consensu nostro et cum consensu reliquarum 
personarum pro suis interesse suprascriptarum, admissuros heredes et assignatos 
VOL. II. 2 M 



274 APPENDIX OF CHARTERS, ETC. 

dictorum feodatariorum, prout successerint, vel dispositiones hereditarias eorundem 
acquisiuerint, secundum formam et tenorem infeofanientorum suorum que de iisdem 
habent vel in posterum habebunt. Vlterius dedimus et concessimus libere dicto 
burgo, liberis et burgensibus ejusdem presentibus et futuris, ad bonum eorum pub- 
licum, communitatem,communiam, et communem pasturam pro catallis etanimalibus 
eorundem pascendis, simul et vna cum possessoribus et occupatoribus rudarum 
de Fraserbrughe qui sunt et futuri sunt, infra bondas et limites communitatis 
subscripte, et cum conditionibus et reseruationibus in dicto contractu contentis, 
videlicet, Beginand at the water sink bezond the draine wall, and holding thairfra 
south-west or thairby, as it is karnit, to it cum to ane earthfast stane at the firing 
syde, quhair ther is ane gryt kairne biggit, and therfra direct wast to the wast 
syde off the gait, quhair thair is also ane wther gryt kairne, and passing therfra 
south or therby, carne be came, till it cum to the south-east nuik off the croft 
callit the Bank, presentlie pertening to William Birnie, and thairfra southe or 
therby quhill it cum to the croft callit the waird land, occupeed be William 
Fraser and John Cardno, quhair thair is ane earthfast stane, and halding down 
thairfra the eist syd off the said ward land till it cum to the end thairof, and 
thairfra keipand the ward land endis quhill it cum to the clay fawldis, and keipand 
the end of the saidis clay fawldis till it cum to ane stank, and halding the said 
stank till it cum to the northe off the Kirktoun off Philorthe, and passing thairfra 
direct east or thairby till it cum as it is pottit, meithit, and mercbit, to the fluid- 
merk and to the stanneris immediatlie abowe the samen, and halding and 
keiping the said stanneris abowe the said fluidmark immediatlie and continuallie 
quhill it cum to the sink anent the same besouthe the said draine wall, quhair 
the said merchis begane : cum libero introitu et exitu per vias publicas et 
communes ad prefatam communitatem commodius inseruientes ; jacentem 
infra parochiam de Philorthe et vicecomitaturn de Aberdein : Tenendam et 
habendam predictam communitatem cum libero introitu et exitu ad eandem, 
insimul et vna cum possessoribus et occupatoribus dictarum rudarum de Fraser- 
brughe, necnon prescriptas libertates, immunitates, privilegia et iurisdictiones 
antedictas, prenominatis burgensibus et liberis dicti burgi de nobis dicto domino 
Alexandro, heredibus nostris masculis et assignatis, cum consensu suprascripto, 
baronibus dicte baronie et dominis regalitatis eiusdem, in feodo, hereditate et 
libero burgagio burgi baronie et regalitatis in perpetuum, et per omnes rectas 



APPENDIX OF CHARTERS, ETC. 275 

metas et diuisas antedictas prenominate communitatis, prout jacet in longitudine 
et latitudine, cum libero introitu et exitu, ac cum omnibus aliis et singulis liber- 
tatibus, commoditatibus, asiamentis et iustis suis pertinentiis quibuscunque ad 
predictam communitatem, libertates et privilegia spectantibus [seu] quomodo- 
libet in futurum spectare valentibus, libere, quiete, plenarie, integre, lionorifice, 
bene et in pace, sine impedimento, contradictione aut obstaculo aliquali : Eed- 
dendo inde annuatim dicti burgenses et liberi dicti burgi, eorumque successores 
liberi et burgenses ejusdem, nobis dicto domino Alexandra Fraser de Fraser- 
bruglie militi, heredibus nostris masculis et assignatis, seruitium burgagium burgi 
baronie et regalitatis, prout vsus est burgorum baronie et regalitatis infra regnum 
Scotie, tantum, pro omni alio onere, exactione, questione, demanda vel servitio 
seculari, que de predictis libertatibus, privilegiis, immunitatibus, jurisdiction- 
ibus, communitate, aliisque prescriptis, per quoscunque juste exigi poterint 
quomodolibet vel requiri : Et nos- vero prefatus dominus Alexander Fraser de 
Fraserbrughe miles, heredes nostri masculi et assignati, omnes et singulas prefatas 
libertates, privilegia, immunitates, et jurisdictiones, communitatem et commune 
pastorium, aliaque predicta prenominatis burgensibus et liberis dicti burgi, in 
omnibus et per omnia, forma pariter et effectu, vt premissum est, cum condition- 
ibus et reservationibus prenominatis, liberas et immunes ab omnibus actionibus, 
periculis, damtiis et incontinentibus quibuscunque, secundum potestatem nobis 
per cartam supremi domini nostri Regis concessam, warrantizabimus, acquietabimus 
et in perpetuum defendemus : Prout ego dictus Joannes Forbes de Petsligo, 
heredes mei et assignati, easdem libertates, communitatem, jurisdictiones et im- 
munitates, ab omnibus actionibus, accidentibus et incontinentibus a facto nostro 
proprio provenientibus tantum, varrantizabimus, acquietabimus et in perpetuum 
defendemus, omnibus dolo et fraude seclusis. Insuper dilectis nostris, honorabili 
etiam viro Joanni Leslie de Balquliane . • et 

eorum cuilibet, coniunctim et divisim, ballivis nostris in hac parte specialiter con- 
stitutis, salutem : Vobis precipimus et firmiter mandamus, quatenus visis presen- 
tibus indilate statum, saisinam et possessionem hereditariam, realem, actualem et 
corporalem totius integre predicte communitatis, necnon libertatum, privile- 
giorum, immunitatum, jurisdictionum, aliorumque premissorum, cum conditionibus 
et reseruationibus prius nominatis, prescriptis burgensibus et liberis dicti burgi, 
vel eorum certo actornato aut procuratori, latori presentium, per terre et lapidis 



276 APPENDIX OF CHARTERS, ETC. 

fundi dicte communitatis, clauium dicti pretorii, et lie hesp et stapill vel corn- 
plexus dicte crucis foralis donationem et traditionem, vt in similibus moris est, 
tradatis et deliberetis, seu alter vestrum tradat et deliberet, secundum vim, 
formam et tenorem antescripte carte nostre in omnibus : Et boc nullo modo 
[omittatis] ; ad quod faciendum vobis et vestrum cuilibet ballivis nostris ante- 
dictis nostram plenariam et irrevocabilem tenore presentium, cum consensu supra- 
scripto committimus potestatem. In cuius rei testimonium huic presenti carte 
nostre, manu Jobannis Leyth seruitoris magistri Gulielmi Barclay advocati 
Aberdonie scripte, manuque nostra et manu dicti Johannis Forbes de Petsligo 
aliarumque personarum pro suo interesse predictarum subscripte, sigillum nostrum 
proprium est appensum : Eeseruando tamen nobis dicto domino Alexandro 
nostrisque antedictis, qualescunque res aut mercantias per nos ad vsus nostras 
proprios tantum emendas vel vendendas liberas ab omni custumarum solutione in 
futurum : Dedimus denique et concessimus dicto burgo et burgensibus eiusdem 
vias publicas subscriptas, cum libero introitu et exitu ad easdem, videlicet, viam 
orientalem, in qua sita est crux foralis, prout nunc se babet, latitudine extendens 
se ab austro et [via] aquatica in boream vsque ad domum Gulielmi Kilgowr ; ac etiam 
viam australem continentem viginti quatuor pedes in latitudine, extendentem se a 
dicta via orientali in occidentem qua itur ad viam communis scbole ; necnon 
viam borialem quadraginta pedum in latitudine protendentem se a dicta 
orientali via in occidentem directe ad turrim de Braidsie ; item aliam communem 
viam quadraginta pedum in latitudine, incipientem circa medium vie borialis et 
inde extendentem in austrum orientalem ad viam aquaticam dicti burgi ; ac aliam 
viam incipientem ab angulo orientali borie domorum et hortorum de Bradsie, et 
inde prout se ducit inter scholam publicam et bortos, lie barn zairdis, quondam 
Patricii Smytb in latitudine ; item viam aquaticam seu aque- 

ductus prout de presenti se babet; ac abam viam in monticulo, vulgo tbe Braybeid, 
octo pedum ; necnon alteram viam inter domum Boberti Ogstoun et Hugonis 
Crafurd prout se fert per tenementum Patricii Allan ad lie Wattergait viginti 
quatuor pedum in latitudine, cum omnibus minoribus viis et itineribus in littus 
marinum descendentibus, prout nunc vsus est; aliam denique viam sub monte 
ab austro se extendentem in boream, prout nunc teritur et se babet : Tandem 
dedimus et concessimus dicto burgo, liberis et burgensibus ejusdem, omnes liber- 
tates et privilegia que burgum quodcunque baronie et regalitatis hujusmodi 



APPENDIX OP CHARTERS, ETC. 277 

infra hoc regnum habet, in quantum nos eadem concedere et dare poterimus 

virtute dicti nostri infeofamenti ; custodiendo et reservando tamen nobis 

nostrisque antedictis per omnia libertatem prefati nostri infeofamenti quantum 

in favorem nostrum concipitur et ad nos primatiue spectare debet : In cuius rei 

testimonium liuic presenti carte nostre, manu magistri Johannis Leyth serui- 

toris magistri Gulielmi Barclay advocati Abredonii scriptae, manuque nostra et 

manu dicti Johannis Forbes aliarumque personarum pro suo interesse predic- 

tarum, sigillum nostrum est appensum, apud Braidsea, vigesimo secundo die 

mensis Decembris, anno Domini millesimo sexcentesimo decimo tertio, coram 

testibus dicto magistro Gulielmo Barclay, Thoma Hay ejus servitore, Thoma Scot 

nostro servitore. 

S B Alexander Fraser of Fraserbrughe. 

James Fraser consentis. 

Simon Fraser consentis. 
M r William Barclay, witnes. 
Maister John Leyth, wreitter, vitnes. 
Thomas Scot, witnes. 
Thomas Hay, witnes. 

41. Betour of Alexander Fraser of Philorth, as heir to Sir Alexander 
Fraser of Fraserburgh, knight, his father, in the barony of Philorth, etc. 
17th December 1624. 

Hec Inquisitio legitime facta fuit in curia vicecomitatus de Abirdene, tenta in 
pretorio eiusdem decimo septimo die mensis Decembris, anno Domini millesimo 
sexcentesimo vigesimo quarto, per honorabilem Thomam Gordoun de Litillgowill, 
vicecomitem deputatum dicti vicecomitatus, pro tribunali sedentem, sectis vocatis, 
in curia legitime inchoata [et] affirmata, per hos probos et fideles patrie homines 
subscriptos, videlicet, magistrum Alexandrum Cullen burgensem de Abirdene, 
Gilbertum Cullen ballivum burgensem ibidem, Alexandrum Chalmer burgensem 
ibidem, Alexandrum Cheyne burgensem ibidem, Hugonem Andersoun burgensem 
ibidem, magistrum Vddastoun Lowsoun burgensem ibidem, Gavinum Chalmer 
burgensem ibidem, Gilbertum Leslie burgensem ibidem, Andream Meldrum 
burgensem ibidem, Alexandrum Andersoun, juniorem, burgensem ibidem, Alex- 
andrum Chalmer vietorem, burgensem ibidem, Bichardum Paip burgensem 



278 APPENDIX OF CHAPTERS, ETC. 

ibidem, Thomam Wentoun burgensem ibidem, Gilbertum Chalmer burgensem 
ibidem, et Jacobum Leslie burgensem ibidem : Qui omnes jurati dicunt, magno 
sacramento interveniente, quod quondam dominus Alexander Fraser de Fraser- 
burgh, miles, pater Alexandri Fraser de Phillorth, latoris presentium, obiit vltimo 
vestitus et sasitus, vt de feodo ad pacem et fidem supremi domini nostri Jacobi 
Dei gracia Magne Britannie, Francie et Hibernie Regis, fideique defensoris, lis 
omnibus et singulis terris et baronia de Phillorth, cum castro, turre, fortalicio, 
manerie, domibus, edificiis, hortis, pomariis earundem, et suis pertinenciis ; terris 
de Abirdour cum suis pertinenciis, jacentibus infra vicecomitatum de Abirdene ; 
villa et terris de Carnebulg, cum cuniculis et pasturis earundem, cum cymbis et 
cuniculariis eiusdem, et omnibus suis pertinenciis ; villa et terris de Innerworth, 
cum novo molendino de Phillorth, terris molendinariis, multuris earundem, et 
suis pertinenciis ; villa et terris de Ardglassie, cum villa earundem nuncupata 
novum molendinum de Ardglassie, et suis pertinenciis ; villa et terris de 
Torrietuthill cum suis pertinenciis ; villa et terris de Bruxie cum suis pertinenciis; 
villa et terris de Raitha[n], cum toftis et croftis earundem, lie ailhous et ailhous- 
croftis, cum molendino de Raithin, terris molendinariis, croftis et multuris 
earundem, et suis pertinenciis ; villa et terris de Ardmuchorne cum suis per- 
tinenciis ; villa et terris de Memsie, cum villa nuncupata walkmylne de Memsie 
et molendino fullonum eiusdem, et suis pertinenciis; villa et terris de 
Carnemure cum pertinenciis; villa et terris de Bounzeltoun, cum molendino 
fullonum earundem et suis pertinenciis ; villa et terris de Kinboig et suis perti- 
nenciis ; lie Kirktoun de Phillorth, cum cymbis piscariis, lie lynkis eiusdem, 
et cuniculariis suisque pertinenciis ; antiquo molendino de Phillorth, cum terris 
molendinariis, multuris et pertinenciis eiusdem; villa et terris de Kinglassie 
cum pertinenciis ; villa et terris de Bankwall cum pertinenciis ; villa et terris de 
Wodley cum pertinenciis ; villa et terris de Badichell, cum molendino earundem, 
terris molendinariis, multuris et suis pertinenciis ; villa et terris de Over et "Nether 
Pettuleis, cum manerie, domibus, edificiis, hortis, pomariis earundem, cum 
molendino terrisque molendinariis eiusdem, ac cum cuniculis, cuniculariis, cymbis 
et cymbis piscariis earundem, et omnibus suis pertinenciis, ad predictas terras de 
Pettuleis spectantibus ; terris de Pettallacheis ; villa et terris de Boigheid cum 
pertinenciis ; villa et terris de Cowburtie cum pertinenciis ; villa et terris de 
Vrmothe cum cymbis et piscariis earundem et omnibus suis pertinenciis ; villa et 



APPENDIX OF CHARTERS, ETC. 279 

terris de Littill Drumquhendiil cum pertiuenciis ; terris de Abirdour cum pertinen- 
ciis ; omnibus jacentibus infra predictum vicecomitatum de Abirdene : in terris de 
Tibbertie, cum manerie, pomariis et hortis earundem, et suis pertinenciis ; villa et 
terris de Outlaw cum pertinenciis ; jacentibus infra vicecomitatum de Bamff : terris 
de Forfauldis cum pertinenciis; villa et terris de Bremlaw cum pertinenciis; villa et 
terris de Forttieheid cum pertinenciis ; lie Newtoun de Outlaw nuncupata Brokeis- 
toun, cum pertinenciis ; totis et integris terris de Skattertie, cum lie holme alias 
lie ailhouscroft nuncupata, et salmonum piscariis super aqua de Doverane, et 
omnibus suis pertinenciis ; totis et integris terris de Faythlie et Tyrie, cum molen- 
dino de Tyrie, terris molendinariis eiusdem, et suis pertinenciis, cum collegiis [et] 
vniversitatibus infra easdem situatis, ac cum villa et burgo baron ie eiusdem, cum 
portu de Faythlie nunc Fraserburcht nuncupato, cum turre et fortalicio eiusdem, 
cum libera regalitate infra omnes bondas predictarum terrarum et baronie, cum 
omnibus collegiis et vniuersitatibus, ac cum omnibus et singulis priuilegiis, 
immunitatibus, et jurisdictionibus libere regalitatis et dicti liberi burgi baronie, ac 
cum aquaticis molendinis et ventosis, ac lacu earundem, et omnibus domibus, 
edificiis, hortis, rudis, acris, toftis, croftis, lie outsettis dicti burgi baronie, omni- 
busque suis pertinenciis, cum integris priuilegiis, jurisdictionibus, et immunitatibus 
dicti burgi; totis et integris terris de Kirktoun de Tyrie et Cartmyris, cum 
molendinis, terris molendinariis earundem, suisque pertinenciis; vnacum aduoca- 
cione, donacione et iure patronatus rectoriarum ac vicariarum ecclesiarum parochi- 
alium et parochiarum de Phillorth, Tyrie, Cremond et Baithin, cum omnibus et 
singulis capellaniis prebendariis omnium et quorumcunque alteragiorum infra dictas 
ecclesias seu aliquam earundem situatorum seu eisdem quovismodo spectantium 
et pertinentium ; necnon in omnibus et singulis terris de Inuerrallachie, cum turre, 
fortalicio, manerie, domibus, edificiis, hortis, pomariis, lacu et piscariis earundem, 
molendino, terris molendinariis, astrictis multuris eiusdem, cum aque ductu dicti 
lacus descendente ad predictum molendinum, prout trahitur et extenditur et vt tor- 
rens in eadem labitur; terris de Fortrie et Inuerurie, et molendino earundem nun- 
cupato Denend, cum astrictis multuris eiusdem, et piscatione alborum piscium, cymbis 
piscariis, lie wraik et wair, et piscium escula, lie fischbait, in littore marino terrarum 
de Inuerallochie collectis, cum tenentibus, tenendriis et libere tenentium seruitiis 
earundem, partibus, pendiculis et omnibus suis annexis, connexis, dependentiis et 
pertinenciis quibuscunque ; in totis et integris terris tercie partis ville et terrarum 



280 APPENDIX OF CHARTERS, ETC. 

de Faythlie, cum tenentibus, tenandriis, liberetenentium semitiis earundem, parti- 
bus, pendiculis et omnibus suis pertinentiis quibuscunque ; ac etiam in villa et 
terris vmbralis dimidietatis ville et terrarum de Kindroch et Denend, cum molen- 
dino, terris molendinariis, multuris et sequelis eiusdem, annexis, connexis, partibus, 
pendiculis, lie outsettis, et omnibus suis pertinentiis quibuscunque ; cum carboni- 
bus, carbonariis et patellis salinariis omnium et singularum predictarum terrarum 
et baroniarum, et salmonum piscariis omnibusque aliis piscariis in omnibus locis 
convenientibus infra cunctas bondas littoris marini et aquarum dulcium earundem ; 
cum priuilegio et libertate lucrandi et capiendi esculum piscium, vulgo lie fischbait, 
infra fluxum et metam marinam, lie sea mark, prefatarum terrarum, baroniarum 
et aliarum superius mentionatarum et eisdem contigue adiacentium ; necnon in 
totis et integris terris de Armabedy, cum domibus, edificiis, hortis, molendinis, 
terris molendinariis, multuris, cymbis, piscariis, partibus, pendiculis, lie outsettis, 
et omnibus suis pertinenciis, cum pastura animalium et eorum catallis et bonis in 
et per terras et bondas de Carneglas cum pertinentiis, more solito et consueto, 
cum libero introitu et exitu in et per lie loningis et pasturantia super eisdem ; ac 
etiam tota et integra solari dimidietate terrarum de Kindrocht et Denend, cum 
omnibus et singulis suis partibus, pendiculis et pertinentiis, ac cum omnibus et 
singulis castris, turribus, fortaliciis, maneriebus, domibus, edificiis, hortis, pomariis, 
omnibusque aliis villis, terris, molendinis, terris molendinariis, multuris, carbonibus, 
carbonariis, salinis patellis, columbariis, siluis, nemoribus, parcis, lacubus, piscariis 
tarn in aquis salsis quam dulcibus ; cum cuniculis, cuniculariis, toftis, croftis, lie 
outsettis, insettis, annexis, connexis, dependentiis, et omnibus suis pertinentiis 
quibuscunque, omnium et singularum predictarum terrarum, baroniarum ac aliarum 
particulariter et generaliter supraspecificatarum, tarn non nominatis quam norni- 
natis ; cum tenentibus, tenandriis, libere tenentium seruitiis, et omnibus earundem 
pertinentiis, jacentium infra predictum vicecomitatum de Aberdeen : Quequidem 
omnes et singule predicte terre, ville, burgi baronie, cum collegiis infra eundem 
situatis, liberi portus ac libere regalitates, cum omnibus et singulis castris, turribus, 
fortaliciis, maneriebus, domibus, edificiis, hortis, toftis, croftis, molendinis, mul- 
turis, siluis, piscariis, partibus, pendiculis, dependentiis, annexis, connexis, tenen- 
tibus, tenandriis, liberetenentium servitiis ; vnacum advocatione, donatione et iure 
patronatus ecclesiarum parochialium et parochiarum de Phillorth, Tyrie, Cremond 
et Raithin, aliarumque particulariter et generaliter supraspecificatarum ; cum 






APPENDIX OF CHARTERS, ETC. 281 

omnibus collegiis et vniuersitatibus ad dictum liberum burgum spectantibus ; 
cum omnibus et singulis priuilegiis, immunitatibus et jurisdictionibus libere regali- 
tatis, cum omnibus earundem pertinentiis antedictis, vnite, erecte et incorporate 
sunt in vnam integram et liberam baroniam Baroniam de Phillorth nuncupatam : 
Ordinando quod vnica sasina capienda apud turrim et fortalicium de Phillorth, tan- 
quam principale messuagium dicte baronie, stabit et sufiiciens erit sasina pro omnibus 
et singulis predictis terris et baronia de Phillorth, proque omnibus et singulis predictis 
terris, molendinis, siluis, piscariis, burgo baronie, et regalitate, ac aliis particulariter 
et generaliter supramentionatis, aduocationibus, donationibus et iuribus patrona- 
tuum et ecclesiarum antedictarum ; cum tenentibus, tenandriis et libere tenentium 
seruitiis, et omnibus earundem partibus, pendiculis et pertinentiis quibuscunque, 
non obstante quod simul et contigue non jacent : Et quod dictus Alexander 
Fraser, nunc de Phillorth, est legitimus et propinquior heres masculus eiusdem 
quondam domini Alexandri Fraser de Fraserburcht, militis, sui patris, de omnibus 
et singulis predictis terris, villis, baronia, molendinis, siluis, piscariis ; vnacum 
aduocacione, donacione et iure patronatus ecclesiarum parochialium et parochiarum 
antedictarum, burgo baronie regalitatis, ceterisque omnibus aliis antedictis ; cum 
omnibus earundem castris, turribus, fortaliciis, maneriebus, domibus, edificiis, 
hortis, pomariis, toftis, croftis, acris, tenementis, rudis, salinarum patellis, priui- 
legiis; cum omnibus earundem immunitatibus et jurisdictionibus earundem et 
omnibus earundem pertinentiis antedictis : Et quod est legitime etatis : Et quod 
dicta villa et burgum de Fraserburcht, cum integris terris jacentibus infra bondas 
ab antiquo nuncupatas Faythlie, cum omnibus et singulis suis partibus, pendiculis 
et pertinentiis quibuscunque, cum turre, fortalicio dicti burgi, cum aquaticis 
molendinis et ventosis ac lacu eiusdem, ac cum omnibus et singulis domibus, 
edificiis, tenementis, lie zairds, acris, rudis, toftis, croftis, partibus, pendiculis et 
pertinentiis, cum omnibus collegiis et vniuersitatibus infra eundem, in vnum 
liberum portum, ac in vnum liberum burgum baronie, ac in liberam regalitatem 
vnita et erecta, cum omnibus et singulis priuilegiis, immunitatibus et jurisdic- 
tionibus libere regalitatis, valent nunc per annum summam octo librarum monete 
Scotie, et tempore pacis valuerunt summam quadraginta solidorum monete pre- 
dicte : Et quod dicte terre de Kirktoun de Tyrie et Cartmyris, cum molendino, 
terris molendinariis et multuris, partibus, pendiculis et pertinentiis antedictis, 
valent nunc per annum summam quatuor librarum monete predicte, et tempore 
VOL. II. 2 N 



282 APPENDIX OF CHARTERS, ETC. 

pacis valuerunt summam viginti solidorum : Et quod dicta aduocatio, donatio et 
ius patronatus dictarum rectoriarum et vicariarum ecclesiarum parochialium et 
parochiarum de Phillorth, Tyrie, Cremond et Eaithin, omnibus et singulis capel- 
laniis et prebendariis alteragiorum infra dictas ecclesias seu aliquam earundem 
situatorum, eisdem quovismodo spectantium et pertinentium, valent nunc per 
annum tredecem solidorum et quatuor denariorum monete predicte, et tempore 
pacis valuerunt summam trium solidorum et quatuor denariorum : Et quod cetere 
omnes predicte terre et baronie de Phillorth, cum molendinis, multuris, castris, 
turribus, fortaliciis, maneriebus, domibus, edificiis, hortis, pomariis, siluis, pisca- 
tionibus, tenentibus, tenandriis, liberetenentium servitiis, annexis, connexis, 
dependentiis, partibus, pendiculis, aliisque particulariter et generaliter supra- 
mentionatis, cum omnibus earundem pertinentiis, valent nunc per annum [sum- 
mam] trecentarum librarum vsualis monete regni Scotie predicte, et valuerunt 
tempore pacis summam septuaginta quinque librarum monete predicte : Et 
quod dicta villa et burgum de Fraserburgh, cum integris terris jacentibus 
infra bondas ab antiquo nuncupatas Faithlie, cum omnibus et singulis suis 
partibus, pendiculis et pertinentiis quibuscunque, cum turre, fortalicio dicti 
burgi, cum aquaticis molendinis et ventosis ac lacu eiusdem, ac cum omnibus 
et singulis domibus, edificiis, tenementis, lie zairdis, acris, rudis, toftis, croftis, 
partibus, pendiculis et pertinentiis, cum omnibus collegiis et vniuersitatibus infra 
eundem, in vnum liberum portum, ac in vnum liberum burgum baronie, ac in 
liberam regalitatem, vnita et erecta, cum omnibus et singulis priuilegiis et immu- 
nitatibus et jurisdictionibus libere regalitatis, tenentur in capite de supremo 
domino nostro Eege et suis successoribus, in libera alba firma, pro solutione vnius 
denarii in festo Penthecostes infra dictum burgum, nomine albe firme, si petatur 
tantum : Et quod dicte terre de Kirktoun de Tyrie et Cartmyris, cum molendino, 
terris molendinariis, partibus, pendiculis et pertinentiis antedictis, tenentur in 
capite de dicto supremo domino nostro Eege et suis successoribus, in libera alba 
firma, pro solutione vnius rose in festo Joannis Baptiste super solo dictarum 
terrarum, nomine albe firme, si petatur tantum : Et quod dicta aduocatio, donatio 
et ius patronatus dictarum rectoriarum et vicariarum ecclesiarum parochialium et 
parochiarum de Phillorth, Tyrie, Cremond et Eaithin, cum omnibus et singulis 
capellaniis et prebendariis alteragiarum infra dictas ecclesias seu aliquam earundem 
situatarum, eisdem quouismodo spectantium et pertinentium, tenentur similiter de 



APPENDIX OF CHARTERS, ETC. 283 

dicto supremo domino nostro Eege et suis suecessoribus, in libera alba firma, pro 
annua solutione vnius denarii in festo Penthecostes infra dictas ecclesias, nomine 
albe firme, si petatur tantum : Et quod cetere omnes predicte terre et baronie de 
Phillorth, cum castris, turribus, fortaliciis, maneriebus, domibus, edificiis, hortis, 
pomariis, molendinis, siluis, piscariis, partibus, pendiculis et pertinentiis, tenenti- 
bus, tenandriis et liberetenentium seruitiis, ceterisque omnibus antedictis, tenentur 
in capite de dicto supremo domino nostro Eege et suis suecessoribus, per seruitium 
warde et relevii, solvendo annuatim tempore warde et nonintroitus dictam summam 
trecentarum librarum vsualis monete predicte ad duos anni terminos, festa vide- 
licet, Penthecostes et Sancti Martini in Meme, per equales portiones, ratione quod 
in taxata warda disposita fuit, et pro maritagio heredis, cum contigerit, summam 
duo mille librarum monete predicte, cum relevio toties quoties contigerit : Et 
quod omnes et singule antedicte terre, baronie, aliaque particulariter et generaliter 
antedicta, cum omnibus et singulis earundem castris, turribus, fortaliciis, molendinis, 
multuris, siluis, piscariis, priuilegiis, regalitate, burgo baronie, collegiis, ceterisque 
omnibus antedictis, vnita et incorporata in vnam liberam baroniam Baroniam de 
Phillorth nuncupatam, nunc existunt, sicut extiterunt, in manibus dicti supremi 
domini nostri Regis, tanquam in manibus domini sui immediati superioris 
earundem, continuo post decessum dicti quondam domini Alexandri Fraser de 
Fraserburgh, militis, qui decessit in mense Julii, anno Domini millesimo sexcen- 
tesimo vigesimo tercio, tendens ad spatium vnius anni et quinque mensium aut eo 
circa, ratione nonintroitus, in defectu ipsius Alexandri Fraser nunc de Phillorth, 
veri heredis earundem, jus suum hucusque minime prosequentis : Datum et clausum 
sub sigillo officii dicti vicecomitatus, necnon sub sigillis maioris partis eorum qui 
dicte inquisitioni interfuerunt, et extractum ex libro actorum curie vicecomitatus 
predicti per me magistrum Willielmum Andersoun, scribam curie dicti vicecomi- 
tatus subscriptum. Sk subscribitur. W. Andersoun. 

Iidem jurati dicunt, magno sacramento interveniente, quod quondam dominus 
Alexander Fraser de Fraserburgh, miles, pater Alexandri Fraser de Phillorth, 
latoris presentium, obiit ad pacem et fidem supremi domini nostri Jacobi Dei 
gratia Magne Brittannie, Francie et Hibernie Begis, fideique defensoris ; et quod 
dictus Alexander Fraser de Phillorth est legitimus et propinquior heres eiusdem 
quondam domini Alexandri Fraser de Fraserburgh, militis, sui patris ; et quod 
est legitime etatis ; sed quia in sua petitione nullas petiit terras, ideo cetere 



284 APPENDIX OF CHARTERS, ETC. 

breuis clausule in se manent indeseruite : Datum et clausum, etc., vt in precedente 
retornatu, et subseribitur vt supra. 

Alia inquisitio facta dicto die et loco, coram dicto judice et per dictas inquisi- 
tionis personas : Qui jurati dicunt, magno Sacramento interveniente, quod quon- 
dam Andreas Fraser de Tyrie, patruus Alexandri Fraser de Pbillortb, latoris 
presentium, obiit ad pacem et fidem supremi domini nostri Jacobi Dei gratia 
Magne Britannie, Francie et Hibernie Regis, fideique defensoris ; et quod dictus 
Alexander Fraser de Phillorth est legitimus et propinquior heres eiusdem quon- 
dam Andree Fraser de Tyrie, sui patrui ; et quod est legitime etatis ; sed quia 
in sua petitione nullas petiit terras, ideo cetere brevis clausule in se manent 
indeservite : Datum et clausum sub sigillo officii dicti vicecomitatus, necnon sub 
sigillis maioris partis eorum qui dicte inquisitioni interfuerunt. Extractum ex 
libro actorum curie vicecomitatus predicti per me Magistrum Gullielmum Ander- 
eoun, scribam curie dicti vicecomitatus subscriptum. Sic subseribitur. M. W. 
Andersoun. 1 

42. Will of Alexander Fraser of Philorth. 30th July 1650. 

My Letter Will and Testament, wreittin and subscryvit bee mee, att 
Pettulie, thee threttie day off Julii 1650 yearis; quhilk, God willing, 
I intend to extend in mor ampill forme, keipand thee substance heiroff 
in all poyntis. 

Knowing nothing to bee more certaine then death, and nothing mor uncertaine 
then thee tym theroff, therfor I committ my soule to God, and my bodie to thee 
earth, from whence itt come. 

Imprimis, I leave my sone, Alexander, wholl intromettor and executor to 
mee in all my landis, rentis, moveablis, moneyis, and all quhatsoever doeth belong 
to mee thee tyme off my deceass, to- bee intromettit with bee him, and bee to pay 
my whol debtis as they are sett doune in this book, and all other comptis and 
debtis restand bee mee; and I desyre that till hee bee twentie-fyve yearis off 
aige hee doe all his affairis bee advyce off Achmedden, Wdne, Achintowill, and 
Mr. James Baird. 

Item, I leave to my sister, Marie Fraser, fyve thowsand markis, to bee payit 
1 Inquisitionum Retornatuum Registrum, vol. ix. fol. 34 b. 



APPENDIX OF CHAPTEKS, ETC. 285 

to hir att thee nixt term after my death, and quhat farther Achmedden and 
Auchintowill sail ordein my seme to give at hir mariage, (being nott exceiding 
thee soume off other fyve thowsand markis) I ordein him to pay thee same, shoe 
marieing bee thee advyce off Auchmedden and Auchintowill, and ther consent had 
therto in wreitt, and that for all that shoe may ask or crave bee deceass off father 
or mother, brother or sister, or anie other way quhatsoever ; and if itt sail pleass 
God to call mee and my sone (without heiris-mail gottin off owr owin bodies) 
befor hir mariag, in that caice I ordein hir tochir to bee doublit bee advyce off 
thee saidis freindis, and to bee payit bee my nearest heiris off tailie. 

Item, I leave to Jean Fraser, dochter to James Fraser off Tyrie, in satisfaction 
off my band off two thowsand markis quhilk I was restand to my wncle (quhilk 
band is in Achmacoyis keiping), I leave hir thrie thowsand markis to bee payit, 
and that besyd hir interteinment since hir coming to mee, and hir brother Tyrie 
to pay to hir other thrie thowsand markis for thee moveabillis and cropis upon 
thee land off Tyrie, quhilk hee is to thee ground, att Wytsonday 

ane thowsand sex hundreth fiftie-ane yearis ; and this besyd Achmacoyis band 
off two thowsand markis, with thee annualrent theroff restand since Tyrie's death, 
quhilk band is among my wreittis, in ane littil coffer with shottillis in ; 

and I sail wish thee said Jean to marie bee advyce off hir brother and wnclis, 
otherwyss that hir brother may know that my band is heritabill, and could nott 
bee left bee testament in prejudice off thee heir ; and quhat hir brother does in 
this kynd I sail wish it may bee for thee behove off his brother James, iff his 
sister follow not his advyce. 

Item, seing Alexander Fraser off Tyrie hes intromettit with his owin estaite, 
I sail wish that ther may bee ane mutuall discharg betwixt him and mee off my 
intromission with his rentis as tutor, and off all bandis and assignatiounis and 
comptis that I have off his or his fatheris may bee dischargit, and all thee bandis, 
wreittis, and comptis may bee delyverit to him as they com to handis, and that 
my sone and hee keip such concord and unitie togither as becomis brethren, and 
as they wish Godis blessing to [bee] upon them and ther posteritie, and as they wold 
deserve my blessing : also that Tyrie bee cairfull to bring up his brother at 
schooles, and bee cairfull off his education, and that hee may so bestow upon [him] 
quhen hee comes to perfyt age, as hee may live honestlie, and nott bee chargeable 
to anie. 



286 APPENDIX OF CHARTERS, ETC. 

Item, I leave to Issobell Fraser, 1 sister to Andro Fraser, ane thowsand markis 
money, to bee payit bee my sone att thee term after hir mariage ; and iff sboe 
marie nott, I leave to hir hir lyfrent off Bankwall, and that in satisfaction off all 
that shoe may crave off mee or myne anent hir father or brother. 

Item, I leave Margarett Philpis houss to be buildit for four poor ones ; and 
thess four to have two bollis sowing off land, ilk one off them, mortefiet in 
Fraserburgh with ane yaird for kaill, and failing off thee land, four bollis meal 
yearlie ilk one off them. 

Item, iff it sail pleass God to call mee befor Mertimes nixt, I leave thee hail 
rest dewties restand to mee bee my tennentis in Fraserburgh, Rathin, and 
Petsligoe parish, to bee dischargit to them preceiding Wytsonday 1650 yearis. 

Item, I leave my sone full right and tittl to all claime and right quhilk I 
have to thee landis off Carnebulge, never to bee disponit bee him so long as hee 
is able to keip itt, my right to thee landis off Aberdour, Littl Drumquhendill, 
Rotnachie, and thee multures off thee landis off Bougheid ; and to doe in thess 
actionis be advyce off his lawyeris. 

Item, I assigne to him my right to thee comprysingis off Meldrumis lyfrent, 
and assignationis to anie right I h[ave] theroff, till I be satisfiet off thee soumis 
off money, annuall rentis, and expenssis payit bee mee for him to Mr. Roger 
Pattoun, and fyve hundreth markis lent to himself to bring him home out off 
Dundie att Candilmes 1650. 

Item, I assigne to my sone my right to thee comprysingis off thee estaite off 
Caskiben, till hee bee payit off all debtis restand to my selff, and off all debtis 
for quhich I am ingadgit for him with Watertoun, Tolquhon, Streichin, and 
Aslowin. 

Item, I leave to him my right to thee landis off Blaktoune, quhilk I ordein 
him to give back and assigne to Blaktown, howsoone hee is payit off thee soume off 
thrie thowsand markis, and that for all that I may claime preceiding thee daite 
heiroff, except thee releiff off my cationrie. 

Item, I assigne him to thee right off my comprysing off thee landis off Crombie, 
the assignation quheroff is in Achtintowlis keiping till he bee payit off thee heiris 
off thee landis off Crombie, off ane thowsand lib. principall soume, to have bein 
payitt att Wytsonday, ane thowsand sex hundreth fortie-nyne yearis. 
1 Probably a daughter of John Fraser of Quarrelbuss and Crechie. 



APPENDIX OF CHARTERS, ETC. 287 

Item, that my sone bee cairfull that thee Ladie Vrie bee honestlie interteinit 
during hir lyftyme, and hee to seik quhat is due to hir in law. 

Item, I assigne my sone to thee sowme off ane thowsand lib. restand to mee 
by thee heiris off Mr. Wiliam Forbes, advocatt, with thee annual 1 rentis theroff 
since my last discharge given to him, quhilk band, with thee band off releiff and 
discharg given upon thee payment theroff, is all in thee handis off Alexander 
Thomson, advocatt in Aberdein, in thee said Alexander his keiping, for my vss. 

Alex k Fraser. 

Indorsed : Schedule of Philorth's testament, wrote and signed by himself in 
July 1650. 

43. Retour of Alexander Fraser, elder of Philorth, as heir to George Lord 
Saltoun his grandfather. 14th April 1670. 

H/EC INQUISITIO legitime facta fuit in curia vicecomitatus de Banff, tenta in pre- 
torio burgi eiusdem, decimo quarto die mensis Aprilis, anno Domini millesimo 
sexcentesimo septuagesimo, virtute dispensationis dominorum consilii et sessionis 
supremi domini nostri Regis penes prsesens feriatum tempus ad nunc effectum, de 
data apud Edinburgurn decimo sexto die mensis Martii proxime elapsi, specialiter 
concessffi, coram honorabili viro domino Jacobo Baird de Auchmedden, vicecomite 
principali dicti vicecomitatus, pro tribunali sedente, per hos nobiles probos et 
fideles homines patriae subscriptos, videlicet, Gulielmum Mariscalli comitem, domi- 
num Keith etc., secreti sigilli custoclem, Alexandrum dominum de Pitsligo, 
Georgium dominum de Banff, Gulielmum magistrum de Forbes, Colonellum 
Georgium Keith de Aden, fratrem germanum dicti comitis de Marshall, dominum 
Georgium Gordoun de Haddo, dominum Alexandrum Forbes de Tolquhon, domi- 
num Gulielmum Gordon de Lesmoir, Adamum Vrquhart de Meldrum, dominum 
Patricium Ogilvie de Boynd, Thomam Fraser de Strechin, Walterum Forbes de 
Blacktoun, Alexandrum Fraser de Techmurie, Alexandrum Fraser de Tyry, et 
Alexandrum Abernethy de Auchincloich : Qui iurati (magno Sacramento inter- 
veniente) dicunt, quod quondam nobilis dominus Georgius dominus de Salton etc., 
avus venerabilis viri Alexandri Fraser senioris de Philorth, presentium latoris, 
obiit ad fidem et pacem quondam Jacobi Dei gratia Magnse Britannia?, Francias 
et Hibernise Regis, fideique detensoris, beatse memorial ; et quod dictus Alex- 



288 APPENDIX OF CHARTERS, ETC. 

ander Fraser senior de Philorth, presentium lator, est nepos et legitimus et pro- 
pinquior hseres linea? ex parte matris dicti quondam Georgii domini de Salton 
etc. eius avi : Et quod est legitimae setatis : In cujus rei testimonium praesentibus 
sigilla quorundam eorum qui dictse inquisitioni intererant faciend« clausis, nec- 
non sigillum dicti domini Jacobi Baird de Auchmedden militis, vicecomitis 
principalis antedicti, (brevi regio incluso) vnacum subscriptione manuali Eoberti 
Sharp, clerici vicecomitatus de Bamff, sunt appensa, die, loco et anno suprascriptis. 
Sic subscribitur. R. Sharp, els. 

Hsec est vera copia principalis retornatus super prasmissis in cancellaria 
S. D. N. Regis remanentis, extracta, copiata et collationata per me domi- 
num Gulielmum Kerr de Hadden militem, eiusdem cancellarise directorem, 
sub meis signo et subscriptione manualibus. Will. Kerr. 

44. Ratification in favour of Alexander Lord Saltoun, of the title and 
dignity of the Lord Abernethy of Saltoun. 11th July 1670. 

Our Soveraign Lord, with advyce and consent of the Estates of Parliament 
now presently conveened, ratines and approves, and for his Majestie and his 
successors, perpetually confirmes to Alexander now Lord Saltoun, and the aires of 
his bodie alredie procreat and to be procreat, the letters-patent vnderwrittin, 
made and granted be his Majestie, wherof the tenor follows : Sic super scribitur. 
Charles R. Wheras wee have seen Alexander Fraser of Philorth his generall 
service as air of lyne to the deceast Abernethy, Lord Saltoun, retoured 

to our chancellarie ; and wee being willing that the said Alexander Fraser and 
the aires of his bodie already procreat and to be procreat, as nixt in blood and 
linealy descended of the said family, and conforme to ther rychts therto, may 
injoy the title and dignity of the Lord Abernethie of Saltoun in all tyme coming : 
Therfor wee have not only ratified and approven the forsaid service and retour, 
bot also ratifie and approve of the said Alexander Fraser his vseing and takeing 
vpon him, as air of line and nixt of blood, and linealy descended of the said family, 
the title, dignity, place and rank therof; and will and declare that the said 
Alexander and the aires linealy descending of him may vse and injoy the forsaid 
title and dignity in all tyme coming as any other Lord Abernethy of Saltoun 
did in any time bygone vse and injoy the samen, and all the honors and priviledges 



APPENDIX OF CHARTERS, ETC. 289 

therto appertaining ; wherof wee will and command all our officers and others 
our subjects to tak notice. Given at our Court at Whytehall, the elevint day 
of July 1670, and of our reign the 22 yeer. By his Majestie's command. Sic 
subscribitur. Lauderdale. In all and sundry heids, articles, priviledges, immuni- 
ties, honors and dignities therof abovementioned, and after the forme and tenor 
therof in all points. 1 

IV.— CHARTERS RELATING TO FORGLEN AND ARDENDRACHT 

FAMILY. 

45. Charter by King Robert the Second to John, son of Sir William Fraser, 

knight, of the lands of Wester Essyntoly. 18th June [1373]. 

RoBERTUS etc. omnibus etc. Sciatis nos dedisse etc. Johanni Fraser, filio 
quondam Willelmi Fraser militis, terram de Wester Essyntoly cum pertinentiis 
infra vicecomitatum de Kyncardyn, que fuit Johannis de Dalgarnok, et quam 
idem Johannes nobis sursum reddidit et resignauit : Tenendam et habendam 
dicto Johanni Fraser et heredibus suis, de nobis et heredibus nostris, in feodo et . 
hereditate, per omnes rectas metas etc. Reddendo inde nobis annuatim vnum 
denarium argenti nomine albe firme apud castrum montis de Durrys, prout dictus 
Johannes de Dalgarnok per cartam suam inde reddere tenebatur, ad festum 
Pentecostes, tantum, si petatur, pro omni alio onere, consuetudine, exaccione seu 
demanda : In cuius rei, etc. Testibus, etc. Apud Abirdene, xviij uo die Junij, 
anno regni nostri tercio. 2 

c 

46. Charter by Alexander Fraser, knight, lord of the barony of Cowie, to 

John Fraser his brother, of the lands of Auchinschogyll, etc. 19th 
May 1376. 

Uniuersis hanc cartam visuris uel audituris, Alexander Fraser, miles, dominus 
baronie de Cowie, eternam in Domino salutem. Noueritis me dedisse [eic.'] 
dilecto fratri meo Johanni Fraser, totas terras meas de Auchynschogyll, de Plady, 
et de Dalgedy, cum le Quarrell eiusdem, in Buchania, infra vicecomitatum de 

1 Acts of the Parliaments of Scotland, vol. viii. p. 33. 

2 Registrum Magni Sigilli, Roll n. No. 17. 

VOL. II. 2 



290 APPENDIX OF CHARTERS, ETC. 

Aberdene, pro suo bono seruicio michi bactenus impenso : Tenendas [etc.] pre- 
dicts Johanni, et heredibus suis de corpore suo procreatis seu procreandis, de me 
et lieredibus meis, in feodo et bereditate [etc.] Eeddendo [etc.] unum par 
calcarium deauratorum ad festum Pentecostes apud maneriei locum de Pbilorth 
[etc.] et faciendo tres sectas curie, pro oroni alio seruicio seculari [etc.] sic tamen 
quod, si forte dictus Jobannes sine berede de corpore suo procreato seu procreando 
decesserit, quod absit, dicte terre cum pertinency s, omnibus et singulis, ad me et 
heredes meos integre et libere reuertantur [etc.] In cuius rei testimonium pre- 
sentibus sigillum meum est appensum ; apud Aberdene, decimo nono die mensis 
Maii, anno Domini millesimo tricentesimo septuagesimo sexto. 1 

47. Obligation by Alexander Fraser, lord of the barony of Cowie and Durris, 
to John Fraser bis brother, to infeft him in the lands of Durris if he 
were deprived by him or his heirs of the lands of Auchinschogill, etc. 
20th July 1385. 

Pateat vniuersis per presentes, nos Alexandrum Fraser dominum baronie de 

Colly et de Durres [teneri et] per presentes firmiter obligari Johanni Fraser fratri 

nostro, quod si aliquo processu legitimo contigerit, per aliquem vel aliquam, 

aliquos vel aliquas, heredem nostrum vel nostram, heredes nostros aut nostras, 

de terris de Achinsogill, Plady, Delgedy, cum le Quarell, de quibus ipsum 

Johannem Fraser hereditarie alias infeodauimus, pro se et heredibus suis de 

corpore suo legitime exeuntibus, expelli aut aliqualiter remoueri, sic quod de 

eisdem minime gaudere poterit, idem Johannes Fraser possideat et habeat libere 

sibi, et heredibus suis de corpore suo procreatis seu procreandis legitime, omnes 

terras nostras baronie de Durres, infra vicecomitatum de Kyncardin, cum omnibus 

pertinentiis quibuscunque ad ipsam terram spectantibus seu spectare valentibus in 

futurum ; adeo libere, quiete, plenarie et honorifice, in omnibus et per omnia, sicut 

nos ipsas terras de Durres de domino nostro Rege liberius, quiecius, plenius et 

honorificencius hereditarie tenemus aut possidemus, sine aliquali contradictione 

nostrum aut nostrorum heredum, in recompensacionem terrarum de Achinsogill, 

1 Antiquities of Aberdeenshire, vol. i. " Willelmus Fraser filius et heres Domini 

p. 470, from a copy in the Charter-room Alexandri Fraser, militis, domini baronie de 

at Slains, where also there is a copy of a Cowie, ac dominus de Philorth," dated at 

Charter of Confirmation of the grant by Aberdeen, on the 2d of April 1397. 



APPENDIX OF CHAPTERS, ETC. 291 

Plady, Delgedy cum le Quarell in Buchania, superius expressarum : Ad que omnia 
et singula nos obligamus et heredes nostros ac omnia bona nostra mobilia et 
immobilia, et ad obseruacionem premissorum. In cuius rei testimonium presenti- 
bus sigillum nostrum est appensum ; apud Abirdene, vicesimo die mensis Julii, 
anno Domini millesimo trecentesimo octuagesimo quinto. 



48. Charter by John, Abbot of Arbroath, to John Fraser, of the 
lands of Forglen. 2d March 1387-8. 

Omnibus hanc cartam visuris vel audituris, Johannes permissione diuina Abbas 
monasterii de Abirbrothoc et eiusdem loci conuentus, eternam in Domino salutem : 
Sciatis nos ex consensu tocius capituli nostri, diligenti tractatu prius habito, 
dedisse, concessisse et assedasse, et hac presenti carta nostra confirmasse Johanni 
Fraser, et heredibus suis de corpore suo legittime procreandis, totam terram 
nostram de Forglen que pertinet ad Bracbennach, vna cum iure patronatus 
ecclesie eiusdem terre, pro homagio et seruicio nobis et successoribus nostris, 
faciendoque in exercitu domini Regis nomine nostro pro dicta terra, quod 
pertinet ad Bracbennach, quociens opus fuerit : Quam quidem terram Gilbertus Vrry 
et Johanna sponsa eius, heres quondam Mariorie sponse Johannis Fraser, filie et 
heredis quondam domini Johannis de Monymuske militis, apud Forglen, tercio die 
mensis Augusti, anno Domini millesimo trecentesimo octogesimo septimo, coram 
quampluribus fidedignis, videlicet, domino Roberto de Dumbarr, Johanne filio 
Nicholai, Johanne Bouer, monachis, Alexandra Skyrmchur de Abirbrothoc 
senescallo nostro, Thoma Fraser de Korntoun, Willelmo de Dyssyntoun filio et 
herede domini Willelmi de Dissyntoun militis, Andrea Malvyin, Johanne Setoun, 
burgensibus de Abirbrothoc, Johanne Conane de Conansythe, et multis aliis, 
nobis per fustum et baculum reddiderunt et resignauerunt, ac totum ius et 
clameum quod in eadem terra habuerunt, vel habere potuerunt, pro ipsis et 
heredibus suis, mera et spontanea voluntate quietos clamauerunt inperpetuum : 
Tenendam et habendam eidem Johanni et heredibus suis legittime de corpore suo 
procreandis, de nobis et successoribus nostris in perpetuum, libere, plenarie, cum 
omnimodis libertatibus, aysiamentis, et commoditatibus ad dictam terram de jure 
spectantibus vel spectare valentibus in futurum : Et si contingat dictum Johannem 
et heredes suos de corpore suo legittime procreatos deficere absque liberis de 



292 APPENDIX OF CHARTERS, ETC. 

corporibus suis legittime procreatis, Andreas Alius dicti Johannis, pro se et here- 
dibus suis legittime procreatis et procreandis, modo quo supra, dictam terram 
libere possidebit : Et si contingat dictum Andream vel heredes suos de corpore 
suo legittime procreatos in fata decedere, nullo herede, vt premittitur, superstate, 
Willelmus Fraser frater eius et heredes sui legittime de corpore suo procreati 
predictam terram de Forglen, modo quo superius est expressum, bene et pacifice 
possidebunt ; salua nobis semper et successoribus nostris regalitate in eadem 
terra ; saluo eciam iure cuiuslibet : Reddendo inde nobis et successoribus nostris 
annuatim quadraginta solidos sterlingorum, ad duos anni terminos, videlicet, 
viginti solidos ad festum Sancti Martini in yeme et viginti solidos ad festum 
Penthecostes : Dicti vero Johannes et heredes sui, ac eciam Andreas et Willelmus, 
ac filii sui, et heredes sui, vt premittitur, de corporibus suis legittime procreati, 
nobis et successoribus nostris, homagium et seruicium nichilhominus faciendo : 
Dicti eciam Johannes et heredes sui procreati et procreandi, ac dicti eciam 
Andreas et Willelmus, ac heredes sui, vt premittitur, legittime de corporibus suis 
procreati et procreandi, nullo modo dictam terram vendent, impignorabunt, seu 
modis aliquibus alienabunt, sine nostra aut successorum nostrorum licencia speciali 
petita pariter et optenta : Et si contingat dictum Johannem aut heredes suos 
legittime procreatos et procreandos, aut dictos Andream et Willelmum siue heredes 
suos legittime procreatos et procreandos, absque heredibus de corporibus suis 
legittime procreatis deficere, dicta terra de Forglen cum pertinenciis ad dictos 
abbatem et conuentum de Abirbrothoc, qui pro tempore fuerint, integre reuertetur: 
In cuius rei testimonium presenti carte nostre, per modum cyrograffy confecte, 
nostrum apposuimus sigillum commune; alteri vero parti huius carte sigillum 
dicti Johannis appositum est patenter ; teste eodem capitulo nostro ; apud 
Abirbrothoc, secundo die mensis Marcii anno supradicto. 1 



49. Resignation by John Fraser of the lands of Forglen in the hands of 
Walter Abbot of Arbroath. 11th December 1411. 

Venerabili in Christo patri ac domino suo in hac parte superiori, domino 
Waltero Dei gracia abbati monastery de Abirbrothoc et eiusdem loci conuentui, 

1 Abridged in Antiquities of Aberdeenshire, vol. i. p. 511, and completed from the Original 
Charter in Forglen Charter-chest. 



APPENDIX OF CHARTERS, ETC. 293 

Johannes Fraser, dominus de Forglen, reuerenciam debitam cum honore. Ego 
Johannes Fraser predictus, non vi aut metu coactus, nee errore lapsus, nee dolo vel 
fraude seductus, set mea mera et spontanea voluntate motus,in manus vestras sursum 
reddo, ac pro me et heredibus meis, per fustem et baculum, pure et simpliciter 
resigno omnes et singulas terras meas de Forglen cum omnibus suis pertinenciis, 
quas de vobis teneo in capite, una cum toto jure et juris clameo que ego vel 
heredes mei in predictis terris cum pertinenciis habemus, habuimus, vel habere 
poterimus quouismodo, sic quod vos, domine mi superior in hac parte, de predictis 
terris cum pertinenciis libere valeatis disponere pro libito vestre voluntatis : Ita 
quod nee ego, nee heredes mei, nee aliquis nee aliqua nomine nostro, aliquid jus 
vel juris clameum, possessionem vel proprietatem in ipsis terris cum pertinenciis 
aut in aliqua ipsarum parte, potero, poterint vel poterit exigere seu aliqualiter 
vendicare : In cuius rei testimonium presentibus sigillum meum apposui ; apud 
Abirden, vndecimo die mensis Decembris, anno Domini millesimo cccc vndecimo. 1 



50. Charter by John de Bonville, lord of Balhelvy-Bonville, to John Fraser, 
lord of Forglen, of the two towns of Ardendracht. 9th October 1388. 

Vniuersis hanc cartam visuris vel audituris, Johannes de Bona Villa dominus de 
Balhelvy Boneville, salutem in Domino. Noueritis me dedisse [etc.] dilecto 
consanguineo meo Johanni Fraser, domino de Forglen, illas duas villas meas de 
Ardhendrachtis in comitatu Buchanie, infra vicecomitatum de Abirden, pro 
quadam summa pecunie [etc.] : Tenendas et habendas dicto Johanni [etc.] a me 
et heredibus meis [etc.] : In cuius rei [etc.] sigillum meum est appensum ; et pro 
maiori securitate et euidencia sigillum discreti viri Thome Nory, locum tenentis 
vicecomitis de Abirden, vna cum sigillo Laurencii de Leth, tunc aldirmanni burgi 
de Abirden, presentibus apponi cum instancia requisiui : Apud Abirden, nono die 
mensis Octobris, anno Domini millesimo trecentesimo octuagesimo octauo ; testibus, 
domino Thoma de Haya constabellario Scocie, domino Alexandro Fraser vicecomite 
de Abirden, Johanne de Keth domino de Inuerogy, Thoma de Lask domino 
eiusdem, Andrea de Turyne domino de Fovern, et multis aliis. 2 

1 Antiquities of Aberdeenshire, vol. i. p. 513, and Registruni Nigrum de Aberbrothoc, p. 48. 

2 Ibid. p. 379, quoting the Original Charter at Slains. 



294 APPENDIX OF CHARTERS, ETC. 

51. Confirmation, dated 4th June 1400, by King Robert the Third, of 
Charter by John Bonville of Balhelvy-Bonville, to John Fraser of 
Forglen, of the lands of Balhelvy, etc. 8th January 1388-9. 

Eobertus Dei gracia Rex Scotorum, omnibus [etc.], Sciatis nos quamdam cartam 
Johannis Bonvile, filii et heredis quondam Johannis Bonvile de Balhelvy Bonvile, 
factam et concessam dilecto nostro et fideli Johanni Fraser de Forglen, super ven- 
dicione terrarum de Balhelvy Boneville, Colynstoun, et duabus villis de Arden- 
drachtys, vna cum tenandiis suis de Blaretoun, de Many, et de Achlochery, cum 
pertinenciis, iacentium infra vicecomitatum de Abirdene, de mandato nostro visam, 
lectam [etc.] intellexisse et inspexisse ad plenum in hec verba : — Omnibus hanc 
cartam visuris uel audituris, Johannes de Boneville, filius et heres quondam 
Johannis de Boneville de Balhelvy Boneville, eternam in domino salutem : 
Vestra nouerit vniuersitas dedisse [etc.] nobili viro Johanni Fraser, domino de 
Forglen, omnes terras meas de Balhelvy Boneville, Colynstoun et duas villas de 
Ardendrachtys, vna cum tenandiis suis de Blaretoun, de Many, et de Achlochery, 
cum pertinenciis, in vicecomitatu de Aberdene, pro quadam summa pecunie michi 
in mea vrgenti et pregraui necessitate pre manibus plenarie persoluta : Tenendas 
et habendas [etc.] prefato Johanni Fraser [etc.] de domino de Balhelvy Berclay, 
domino superiori dictarum terrarum et tenandiarum, in feodo et hereditate, a me et 
heredibus meis [etc.] : Faciendo inde annuatim dictus Johannes Fraser [etc.] domino 
superiori dictarum terrarum et tenandiarum tres sectas curie ad tria placita 
capitalia tenenda apud Balhelvy Berclay, cum seruicio forinseco domini nostri 
Eegis [etc.]. In cuius rei testimonium presenti carte mee sigillum meum apposui ; 
et pro maiori securitate et euidencia sigilla nobilium, Willelmi de Berclay domini 
de Tolly, et Thome Fraser domini de Corntoun, cum instancia presentibus apponi 
procuraui : hiis testibus, dominis Thoma de Haya constabulario Scocie, Jacobo 
Fraser domino de Ferendracht, Alexandra Fraser domino de Fillortht, vice- 
comite de Abirdene, Johanne de Keth domino de Inuerogy, Alexandro Berclay 
domino de Kercow, Andrea de Turyne domino de Fovern, Thoma de Lask 
domino eiusdem, cum multis aliis : Datum apud Forglen, octauo die mensis 
Januarii, anno Domini millesimo trecentesimo octogesimo octauo. Quam quidem 
cartam [etc.] approbamus [etc.] imperpetuum confirmamus, saluo seruicio nostro. In 
cuius rei testimonium presenti carte nostre confirmacionis nostrum precepimus 



APPENDIX OF CHARTERS, ETC. 295 

apponi sigillum; testibus, venerabilibus in Christo patribus, Waltero episcopo 
Sanctiandree, Gilberto episcopo Abirdonensi, cancellario nostro, carissimo 
primogenito nostro Dauid duce Rothesaie, comite de Carrict et Atholie, Roberto 
duce Albanie, comite de Fif et de Menteth, fratre nostro germano, Archebaldo 
comite de Douglas domino G-alwydie, Jacobo de Douglas domino de Dalketh, et 
Thoma de Erskyne, consanguineis nostris dilectis, militibus : Apud Lithqu, 
quarto die mensis Junii, anno gracie millesimo quadringentesimo, et regni nostri 
vndecimo. 1 



52. Charter by John Fraser, lord of Ardendracht, to Alexander Fraser, 
son of Duncan Fraser of Tulyfour, for his lifetime, of the Half Davach of 
Ardendracht. 31st January 1413-14. 

Vniuersis hanc cartam visuris vel audituris, Johannes Fraser dominus de Arden- 
dracht, salutem [in] Domino. Sciatis me dedisse [etc.] dilecto consanguineo meo, 
Alexandro Fraser, filio quondam Duncani Fraser domini de Tulyfour, totas terras 
meas de Halff Dauach de Ardendracht cum pertinenciis, jacentes ex australi 
parte dictarum terrarum mearum de Ardendracht, in vicecomitatu de Aberdene, 
pro toto tempore vite sue, pro suo fideli seruicio michi impenso : Tenendas et 
habendas prefato Alexandro pro toto tempore vite sue, a me, heredibus meis et 
meis assignatis [etc.]. In cuius rei testimonium sigillum meum presenti carte mee 
apposui; apud Aberdene, vltimo die mensis Januarii, anno Domini millesimo 
quadringentesimo tertio decimo ; testibus, Patricio de Morauia domino de Culbardy, 
Andrea Giffard et Willelmo Cryne de Aberdene. 2 



53. Resignation by Margaret Fraser lady of Ardendracht and Auchleuchries. 

' 16th December 1440. 

Nobili et potenti domino, Patricio domino de Glamys et domino baronie de 
Belheluie, militi, domino suo metuendo, vestra humilis Margareta Fraser, domina 

1 Antiquities of Aberdeenshire, vol. i. p. 289, quoting the Original Charter at Slains. 

2 Ibid. p. 380, from Original in the Charter-room at Slains. 



296 APPENDIX OF CHARTERS, ETC. 

de Ardendracht et Auchleuchry, reuerencias omnimodas et honores. In manus 
vestras ego predicta Margareta, in mea pura viduitate constituta [etc.] mea mera 
et spontanea voluntate, omnes et singulas predictas terras de Ardendracht et 
Achleuchrys cum pertinencijs, quas de vobis teneo in capite, per fustem et 
baculum sursum reddo [etc.]. In cujus rei testimonium sigillum meum presentibus 
est appensum ; apud Slainis, decimo sexto die mensis Decembris, anno Domini 
millesimo quadringentesimo quadragesimo. 1 



V.— ABERNETHY CHARTERS. 

54. Charter by King David the Second to William de Abernethy, of the 
lands of Rothiemay. 22d November 1345. 

Dauid Dei gracia Rex Scottorum, omnibus probis hominibus tocius terre sue, 
salutem. Sciatis nos dedisse, concessisse, et hac presenti cartra nostra confir- 
masse Willelmo de Abernethy militi dilecto et fideli nostro, pro fideli et laudabili 
seruicio suo nobis impenso et impendendo, omnes terras de Rothymay cum 
pertinenciis, infra vicecomitatum de Banf, nos contingentes causa forisfacture 
quondam Dauid de Strathbolgy militis, inimici nostri et rebellis contra fidem 
nostram in bello interfecti : Tenendas et habendas predicto Willelmo et heredibus 
suis de [nobis] et heredibus nostris, in feodo et hereditate, et in vnam liberam 
baroniam, cum furca et fossa, sole et sak, tholl et theame, et infangandthef, et cum 
homagiis et seruiciis liberetenentium, cum bondis, bondagiis et eorum sequelis, et 
cum omnimodis aliis libertatibus, commoditatibus, aysiamentis et iustis pertinen- 
ciis ad liberam baroniam spectantibus seu iuste spectare valentibus in futurum : 
Faciendo inde dictus Willelmus et heredes sui tres sectas curie ad curiam vice- 
comitis de Banf, ad tria placita capitalia singulis annis ibidem tenenda tantum : 
Reddendoque inde annuatim nobis et heredibus nostris predictus Willelmus 
et heredes sui vnum par calcarium deauratorum, apud Rothymay, ad festum 
Pentecostes, tantummodo, si petatur : Concessimus etiam eidem Willelmo quod 
ipse et heredes sui habeant predictas terras de Rothymay in liberam warennam 
in perpetuum : Quare firmiter prohibemus ne quis in eisdem terris secet, aucupet, 
1 Antiquities of Aberdeenshire, vol. i. p. 381, from a Copy in the Charter-room at Slains. 



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APPENDIX OF CHARTERS, ETC. 297 

seu venetur, aut in lacubus, viuariis vel stagnis ipsarum terrarum piscari presumat, 
sine speciali licentia ipsius Willelmi aut heredum suorum, super nostram plena- 
riam forisfacturam : Volumusque et concedimus, pro nobis et heredibus nostris, 
quod dictus Willelmus et heredes sui respondere non habeant de aliquibus 
oneribus dictis terris incumbentibus, nisi tanquam pro vna dauata terre de cetero 
quoquo modo : In cuius rei testimonium presenti carte nostre sigillum nostrum 
precepimus apponi : Testibus, venerabilibus patribus, Johanne, Eogero et Ricardo, 
Morauiensis, Rossensis, et Dunkeldensis ecclesiarum Dei gracia episcopis ; Johanne 
Ranulphi comite Morauie, domino Vallis Anandie et Mannie, consanguineo nostro, 
Willelmo comite de Rosse consanguineo nostro, Malcolmo Flemyng comite de 
Wygtoun, Tboma de Carnoto cancellario nostro, et Philippo de Meldrum, mili- 
tibus ; apud Elgyne vicesimo secundo die Nouembris, anno regni nostri septimo- 
decimo. 



55. Sasine of William Lord Abernethy in the barony of Saltoun. 
13th March 1460-1. 

In Dei nomine amen. Per hoc presens publicum instrumentum cunctis pateat 
euidenter, quod anno Domini millesimo quadringentesimo et secundum compota- 
cionem ecclesie Scoticane sexagesimo, mensis vero Marcii die decima tercia, 
indictione nona, ac pontificatus sanctissimi in Christo patris ac domini nostri 
domini Pii diuina prouidencia Pape secundi anno tercio ; in mei notarii publici et 
testium subscriptorum presencia, personaliter constitutus honorabilis vir Patricius 
de Cokburn de Neubegyne, deputatus vicecomitis de Edinburgh infra constabu- 
lariam de Hadingtoun, cum testibus subscriptis, ad capitale messuagium terrarum 
baronie de Saltone cum pertinenciis, jacentium infra vicecomitatum et constabu- 
lariam antedictam, personaliter accessit ; et ibidem, super solum dictarum 
terrarum, vigore et uirtute cuiusdam breuis saisine capelle serenissimi domini 
nostri Regis Jacobi tercii, ipsi Patricio deputato per nobilem virum Willelmum de 
Abirnethy, filium quondam domini Laurencii militis, domini Abirnethy in 
Rothimay, presentati et exhibiti : Quodquidem breue dictus deputatus michi 
notario publico subscripto exhibuit perlegendum, ac astantibus in wlgari exponi 
mandauit : Cuius quidem breuis tenor sequitur et est talis : — Jacobus Dei gracia 
Rex Scotorum, vicecomiti de Edinburgh et balliuis suis infra constabulariam 
VOL. II. 2 P 



298 APPENDIX OP CHARTERS, ETC. 

de Hadingtone, salutem : Quia per inquisitionem de mandato nostro per vos 
factam et ad capellam nostram retornatam, compertum est quod quondam 
Laurencius dominus Abirnethy in Rothimay, pater Willelmi domini Abirnethy, 
latoris presencium, obiit vltimo vestitus et saisitus vt de feodo, ad pacem et fidem 
nostram, de terris dominii de Saltoun cum pertinenciis, jacentibus infra balliam 
vestram ; et quod dictus Willelmus est legitimus et propinquior beres dicti 
quondam Laurencii patris sui de dictis terris cum pertinenciis ; et quod est legi- 
time etatis ; et quod de nobis tenentur in capite : Vobis precipimus et mandamus, 
quatenus dicto Willelmo vel suo certo autornato, latori presencium, saisinam 
dictarum terrarum cum pertinenciis iuste habere faciatis et sine dilacione, saluo 
iure cuiuslibet ; capiendo securitatem de xl libris de reliuio dictarum terrarum 
nobis debito ; et hoc nullo modo omittatis : Teste meipso, apud Edinburgh, 
septimo die mensis Marcii, anno regni nostri primo : Quoquidem brevi perlecto 
et exposito in wlgari, dictus Patricius Cokburn deputatus, vigore et uirtute dicti 
breuis, saisinam, statum, et possessionem hereditariam omnium et singularum 
terrarum prefate baronie de Saltoun cum pertinenciis, prefato Willelmo de 
Abirnethy, filio et heredi quondam dicti Laurencii domini Abirnethy, per tradi- 
cionem et deliberacioneni terre et lapidis, dedit et deliberauit, et vt moris est in 
talibus fieri, saluo jure cuiuslibet, impertiebatur, ac ipsum Willelnium postea in 
aulam dicti capitalis messuagii inclusit et induxit : De et super omnibus et singulis 
suprascriptis prefatus Willelmus dominus Abirnethy a me notario subscripto sibi 
fieri peciit publicum instrumentum : Acta erant hec super solum dictarum 
terrarum baronie de Saltoun, hora quasi quarta post meridiem, sub anno, mense, 
die, indictione et pontificatu supradictis : Presentibus ibidem honorabilibus et 
prouidis viris, Georgio Kere de Samelstoune, Jacobo de Cokburn, filio et apparente 
herede dicti deputati, Johanne Broun de Cummercolstoun, Alexandro Halyburtoun 
de Nesbet, Thoma Borthwic, Niniano Dickysone, armigeris, ac dominis Jacobo 
Clerksone, vicario de Pencatland, Thoma Sinclare, Thoma Wyschart, Johanne 
Lyll ac Willelmo Scot, presbyteris, cum multis aliis testibus ad premissa vocatis 
specialiter et rogatis. 

Et ego Alexander de Castelcaris, presbyter Glasguensis diocesis, publicus 
apostolica auctoritate notarius [etc. in forma cornmimi]. 1 

1 Original at Salton Hall. 



APPENDIX OF CHARTERS, ETC. 299 

56. Charter by King James the Third, to William Lord Abernethy in 
Eothiemay, of the lands of Rothiemay and others. 28th January 1463-4. 

Jacobus Dei gratia Rex Scotorum, omnibus probis hominibus tocius terre sue, 
clericis et laicis, salutem : Sciatis nos dedisse, concessisse, et hac presenti carta 
nostra confirmasse dilecto consanguineo nostro, Willelmo domino Abernethy in 
Rothymay, omnes et singulas terras de Rothemay cum pertinenciis, iacentes infra 
vicecomitatum nostrum de Banf; necnon terras de Redy cum pertinenciis, iacentes 
infra vicecomitatum nostrum de Forfare ; ac etiam terras de Dalgathy cum per- 
tinenciis, iacentes infra vicecomitatum nostrum de Fyff; terras de Dalders cum 
pertinenciis, iacentes infra vicecomitatum nostrum de Striueling; terras de 
Glencors cum pertinenciis, iacentes infra vicecomitatum nostrum de Edinburgh ; 
terras de Salton cum pertinenciis, iacentes infra vicecomitatum nostrum de 
Edinburgh, in conestabularia de Hadington ; terras de Lileston et Vgistoune cum 
pertinenciis, iacentes in dominio de Lawedirdale, infra vicecomitatum nostrum de 
Berwic ; et terras de Prendirlaith cum pertinenciis, iacentes infra vicecomitatum 
nostrum de Roxburgh : Quequidem terre omnes et singule predicte cum perti- 
nenciis fuerunt dicti Willelmi consanguinei nostri hereditarie, et quas idem 
Willelmus, non vi aut metu ductus, nee errore lapsus, sed sua mera et spontanea 
voluntate, in manus nostras, apud Edinburgh, coram subscriptis testibus, per 
fustem et baculum sursum reddidit, pureque simpliciter resignauit ; ac totum ius 
et clameum que in dictis terris cum pertinenciis habuit seu habere potuit, pro se 
et heredibus suis, omnino quittum clamauit in perpetuum : Tenendas et habendas 
omnes et singulas prefatas terras cum pertinenciis dicto consanguineo nostro, 
Willelmo domino Abernethy, et heredibus suis masculis de corpore suo legitime 
procreatis seu procreandis; quibus forte deficientibus, Jacobo de Abernethy, 
fratri germano dicti Willelmi domini Abernethy, et heredibus masculis de corpore 
suo legitime procreatis seu procreandis; quibus forte deficientibus, Georgeo 
Abernethy, fratri etiam germano dicti Willelmi, et heredibus masculis de corpore 
suo legitime procreatis seu procreandis ; quibus forte deficientibus, Archibaldo 
Abernethy, fratri etiam germano eiusdem Willelmi, et heredibus masculis de 
corpore suo procreatis seu procreandis; quibus forte deficientibus, Johanni 
Abernethy, consanguineo dicti Willelmi, filio Oswaldi Abernethy, et heredibus 
masculis de corpore suo legitime procreandis ; quibus forsan omnibus, quod absit, 



300 APPENDIX OF CHARTERS, ETC. 

deficientibus, veris legittimis et propinquioribus heredibus dicti Willebni domini 
Abemethy hoc cognomen Abernethy et arma capitalia eiusdem Willelmi domini 
Abernethy habentibus et gerentibus quibuscunque, de nobis, heredibus et suc- 
cessoribus nostris, in feodo et hereditate imperpetuum ; per omnes rectas metas 
suas antiquas et diuisas, provt iacent in longitudine et latitudine, in boscis, 
planis, moris, merresiis, viis, semitis, aquis, stagnis, riuolis, pratis, pascuis et 
pasturis, molendinis, multuris et eorum sequelis, aucupacionibus, venacionibus, 
piscacionibus, petariis, turbariis, carbonariis, lapicidiis, lapide et calce, fabrilibus, 
bracinis, brueriis et genestis ; cum curiis et earum exitibus, herezeldis, bludwittis, 
et merchetis mulierum; cum tenentibus, tenandriis et liberetenentium seruiciis, 
et cum omnibus aliis et singulis libertatibus, commoditatibus, asiamentis ac iustis 
pertinenciis suis quibuscunque, tarn non nominatis quam nominatis, ad dictas 
terras cum pertinenciis spectantibus seu quouismodo iuste spectare valentibus in 
futurum; et adeo libere, quiete, plene, integre, honorifice, bene et in pace, in 
omnibus et per omnia, sicut dictus Willelmus dominus Abernethy, aut sui pre- 
dicessores, prenominatas terras cum pertinenciis, de nobis aut predicessoribus nostris, 
ante dictam resignationem nobis inde factam, liberius tenuit seu possedit, tenuerunt 
seu possederunt : In cuius rei testimonium presenti carte nostre magnum sigillum 
nostrum apponi precepimus ; testibus, reuerendo in Christo patre, Jacobo Episcopo 
Sanctiandree ; dilectis consanguineis nostris, Andrea domino Avandale, cancellario 
nostro, Colino comite de Ergyle, Gilberto domino Kennedy, Johanne domino 
Dernle, Alexandra Boyde de Drumcoll, milite, magistris Jacobo Lindesay, preposito 
de Lincloudan, nostri secreti sigilli custode, et Archibaldo Quhitlau secretario 
nostro; apud Edinburgh, xxviii die mensis Januarii, anno Domini millesimo 
quadringentesimo sexagesimo tercio, et regni nostri quarto. 1 



57. Charter by King James the Third to William Lord Abernethy, 
of the barony of Rothiemay and others. 5th August 1464. 

Jacobus Dei gratia Rex Scotorum, omnibus probis hominibus tocius terre sue, 

clericis et laicis, salutem. Sciatis nos, cum plena et matura deliberacione concilii 

nostri, dedisse, concessisse, et hac presenti carta nostra confirmasse dilecto con- 

1 Registrum Magni Sigilli, Lib. vi. No. 79. 



APPENDIX OF CHARTERS, ETC. 301 

sanguineo nostro, Willelmo domino Abernethy in Rothymay, omnes et singulas 
baronias et terras subscriptas ; videlicet, baroniam de Eothymay cum pertinenciis, 
et baroniam de Corncarne cum pertinenciis, iacentes infra vicecomitatum nostrum 
de Banff; baroniam de Redy cum pertinenciis, iacentem infra vicecomitatum 
nostrum de Forfare ; baroniam de Glencorse cum pertinenciis, iacentem infra vice- 
comitatum nostrum de Edinburgh ; et baroniam de Prenderlaith cum pertinenciis, 
iacentem infra vicecomitatum nostrum de Roxburgh ; necnon terras de Dalgathy 
cum pertinenciis, iacentes infra vicecomitatum nostrum de Fyff ; terras de Dal- 
dress cum pertinenciis, iacentes infra vicecomitatum nostrum de Striueling ; terras 
de Saltoune cum pertinenciis, iacentes in conestabularia de Hadingtoun, infra vice- 
comitatum nostrum de Edinburgh ; terras de Lyelstoune et de Vggistoune cum 
pertinenciis, iacentes in dominio de Lawederdale, infra vicecomitatum nostrum de 
Berwic ; cum omnibus et singulis dictarum baroniarum et terrarum pertinenciis 
et annexis : Que omnes et singule predicte baronie et terre cum pertinenciis 
fuerunt dicti Willelmi, consanguinei nostri, hereditarie, et quas baronias et terras 
cum pertinenciis et annexis, idem Willelmus, non vi aut metu ductus, nee errore 
lapsus, sed sua mera et spontanea voluntate, in manus nostras, apud Inuernes, 
coram subscriptis testibus, personaliter per fustem et baculum sursum reddidit, 
pureque simpliciter resignauit ; ac totum ius et clameum que in dictis terris cum 
pertinenciis habuit seu habere potuit, pro se et heredibus suis, omnino quittum 
clamauit in perpetuum : Tenendas et habendas omnes et singulas prenominatas 
baronias et terras cum pertinenciis prefato Willelmo, consanguineo nostro, domino 
Abernethy, et heredibus suis maseulis de corpore suo legitime procreatis seu pro- 
creandis ; quibus forte deficientibus, Jacobo de Abernethy, fratri germano dicti 
Willelmi domini Abernethy, et heredibus suis maseulis de corpore suo legittime 
procreatis seu procreandis ; quibus forte deficientibus, Georgeo de Abernethy, fratri 
germano dicti Jacobi, et heredibus suis maseulis de corpore suo legitime procreatis 
seu procreandis; quibus forsitan deficientibus, Archibaldo de Abernethy, fratri 
germano dicti Georgei, et heredibus suis maseulis de corpore suo legitime procreatis 
seu procreandis ; quibus forte deficientibus, Johanni de Abernethy, consanguineo 
dicti Archibaldi, filio quondam Oswaldi de Abernethy, et heredibus suis mascidis 
de corpore suo legitime procreatis seu procreandis ; quibus omnibus deficientibus, 
quod absit, veris, legittimis et propinquioribus heredibus maseulis dicti Willelmi 
domini Abernethy hoc cognomen Abernethy habentibus et arma sua capitalia 



302 APPENDIX OF CHARTERS, ETC. 

gerentibus et habentibus, quibuscunque ; de nobis, heredibus et suecessoribus 
nostris, in feodo et hereditate in perpetuum, prout iacent in longitudine et latitu- 
dine, per omnes rectas metas suas antiquas et diuisas ; cum tenandiis et tenandriis 
et liberetenencium seruiciis ; cum furca et fossa, sok et sak, tholl et theme, 
infangtbeif et outfangtheif; cum boscis, planis, moris, marresiis, pratis, pascuis et 
pasturis, viis, semitis, aquis, stagnis, siluis, riuolis et lacubus, petariis, turbariis, 
carbonariis, cuniculis, cuniculariis, columbis, columbariis, brueriis et genestis, 
fabrilibus et bracinis, lapide et calce ; cum molendinis, multuris et eorum sequelis, 
aucupacionibus, venacionibus et piscacionibus ; cum curiis et curiarum exitibus et 
amerciamentis, bludwitis et herezeldis, et mercbetis mulierum ; cum communi pas- 
tura et libero introitu et exitu ; ac cum omnibus aliis et singulis commoditatibus, 
libertatibus, proficuis et asiamentis ac iustis pertinenciis suis quibuscunque, tarn non 
nominatis quam nominatis, tarn sub terra quam supra terram, procul et prope, 
ad dictas baronias et terras cum pertinenciis spectantibus seu iuste spectare valen- 
tibus quomodolibet in futurum, adeo libere, quiete, plenarie, integre, bonorifice, 
bene et in pace, in omnibus et per omnia, sine retinemento vel reuocacione quibus- 
cunque, sicut dictus Willelmus dominus Abernethy vel aliquis antecessorum 
suorum prenominatas baronias et terras cum pertinenciis, ante presentem resigna- 
tionem nobis inde factam, de nobis aut predicessoribus nostris liberius tenuit seu 
possedit, tenuerunt seu possederunt : Eeseruatis tamen sponse dicti 

consanguinei nostri, Willelmi domini Abernethy, racionabili tercia dictarum baro- 
niarum et terrarum cum pertinenciis et annexis, cum contigerit, et coniuncta 
infeodacione, si quam habuerat ante dictam resignationem, de eisdem, pro toto 
tempore vite sue : In cuius rei testimonium presenti carte nostre magnum sigillum 
nostrum apponi precepiinus ; testibus, reuerendis in Christo patribus Jacobo 
episcopo Sanctiandree, auunculo nostro carissimo, Dauid episcopo Morauiensi, 
dilectis consanguineis nostris, Andrea domino Avandale, cancellario nostro, Dauid 
comite Crawfurd, Colino comite de Ergile, Johanne domino Dernle, Gilberto 
domino Kennedy, Eoberto le Grahame de Fyntre, Johanne Culquhone de eodem, 
milite, compotorum nostrorum rotulatore, magistris Archibaldo Quhitlaw, 
secretario nostro, et Dauid Guthery de Kincaldron, thesaurario nostro; apud 
Inuernes, quinto die mensis Augusti, anno Domini m°cccc°lxiiij t0 , et regni nostri 
quinto. 1 

1 Registrum Magni Sigilli, Lib. vi. No. 114. 



APPENDIX OF CHARTERS, ETC. 303 

58. Charter by King James the Third to William Lord Abernethy in 
Rothiemay, of all his lands, erected into one barony of Abernethy in 
Rothiemay. 10th January 1482-3. 

Jacobus Dei gratia Rex Scotorum, omnibus probis hominibus tocius terre sue, 
clericis et laicis, salutem. Sciatis nos dedisse, concessisse, et hac presenti carta 
nostra confirmasse dilecto consanguineo et consiliario nostro, Willelmo domino 
Abirnethy in Rothymaye, omnes et singulas terras et baronias infrascriptas, cum 
tenentibus, tenandriis, et annexis earundem cum pertinentiis, videlicet, totas et 
integras terras baronie de Rothymaye, baronie de Corncarne cum tenentibus 
et tenandriis, iacentes infra vicecomitatum nostrum de Banffe ; totas et integras 
terras baronie de Redy, iacentes infra vicecomitatum nostrum de Forfare ; terras 
de Dalgathee, iacentes infra vicecomitatum nostrum de Fyffe ; terras de Daldres, 
iacentes infra vicecomitatum nostrum de Striuelin ; totas et integras terras 
baronie de Glencors, iacentes infra vicecomitatum nostrum de Edinburgh ; totas 
et integras terras baronie de Saltoune, iacentes infra dictum vicecomitatum 
nostrum de Edinburgh et constabulariam de Hadingtoune ; terras de Lielstoune et 
Vgstoune, iacentes infra vicecomitatum nostrum de Berwik et balliatum de Lawder- 
dale ; ac totas et integras terras baronie de Prenderlaith, cum tenentibus, tenan- 
driis, et annexis eiusdem cum pertinentiis, iacentes infra vicecomitatum nostrum 
de Roxburgh : Quequidem terre et baronie, cum tenentibus, tenandriis, et annexis 
earundem cum pertinentiis, fuerunt dicti Willelmi domini Abirnethy hereditarie, 
et quas terras et baronias, cum tenentibus, tenandriis, et annexis earundem 
cum pertinentiis, idem Wilelmus, non vi aut metu ductus, nee errore lapsus, 
sed sua mera et spontanea voluntate, in manibus nostris, apud Edinburgh, 
personaliter, per fustem et baculum, sursum reddidit pureque simpliciter resig- 
nauit, ac totum ius et clameum que in dictis terris, baroniis, cum tenentibus, 
tenandriis et pertinentiis habuit seu habere potuit, pro se et heredibus suis 
omnino quitum clamauit imperpetuum : Quas omnes et singulas predictas terras et 
baronias, cum tenentibus, tenandriis, et annexis earundem cum pertinentiis, pro 
singulari fauore quern gerimus erga dictum consanguineum nostrum, Willelmum 
domimim Abirnethy, in vnam meram et liberam baroniam, perpetuis futuris 
temporibus nuncupandam baroniam de Abirnethy in Rothymay, creauimus, 
vniuimus, annexuimus et incorporauimus pro perpetuo, tenore presentis carte 



304 APPENDIX OF CHARTERS, ETC. 

nostre : Tenendas et habendas totas et integras predictas terras et baronias, 
tenentes et tenendrias, de Rothymay, Corncarne, Redy, Dalgathee, Daldres, Glen- 
cors, Saltoune, Lyelstoune, Vgstoune et Prenderlaith, cum annexis et pertinentiis, 
vt predictum est, vnitas et incorporatas in vnam meram et liberam baroniam 
nuncupandam baroniam de Abirnethy in Rothymaye, dicto Willelmo domino 
Abirnethy et heredibus suis masculis de corpore suo legittime procreandis ; 
quibus forte deficientibus, Jacobo de Abirnetby, fratri germano dicti Willelmi, 
et heredibus suis masculis de corpore suo legittime procreatis seu procreandis; 
quibus forte deficientibus, Georgeo de Abirnethy, fratri germano dictorum 
Willelmi et Jacobi, et heredibus suis masculis de corpore suo legittime procreatis 
seu procreandis; quibus forte deficientibus, heredibus masculis quondam Archi- 
baldi de Abirnethy legittime procreatis ; quibus deficientibus, Johanni Abir- 
nethy, filio Oswaldi Abirnethy, et heredibus masculis dicti Johannis de corpore 
suo legittime procreatis seu procreandis; quibus omnibus, quod absit, defici- 
entibus, veris legittimis et propinquioribus heredibus masculis dicti Willelmi 
domini Abirnethy, hoc cognomen de Abirnethy et arma sua gerentibus et habenti- 
bus quibuscunque, de nobis et successoribus nostris, in feodo et hereditate 
imperpetuum, per omnes rectas metas suas antiquas et diuisas, prout iacent in 
longitudine et latitudine, in boscis, planis, [etc.] ; cum curiis et earum exitibus, 
herizeldis, bludewitis et marchetis mulierum, cum furca, fossa, sok, sak, thol, 
theme, infangtheif, outfangtheif, pitt et gallous, cum tenentibus, tenandriis et 
liberetenentium seruiciis, ac cum omnibus aliis et singulis libertatibus [etc.], adeo 
libere [etc.] sicut dictus Wilelmus dominus Abirnethy, aut predecessores sui, predic- 
tas terras et baronias, cum tenentibus, tenandriis, annexis et pertinentiis earundem, 
de nobis aut predecessoribus nostris, ante prefatam resignationem nobis inde factam, 
liberius tenuit seu possedit, tenuerunt seu possederunt : Faciendo inde annuatim 
dictus Willelmus dominus Abirnethy et heredes sui masculi prius expressati, nobis 
et successoribus nostris, ilia et similia seruicia pro omnibus dictis terris, baroniis, 
tenentibus, tenandriis et annexis cum pertinentiis, tantum in curia vicecomitis de 
Banffe temporibus futuris, qualia seruicia ipse et predecessores sui retroactis tem- 
poribus pro eisdem fecerunt in curiis vicecomitum de Banffe, Forfare, Fyffe, 
Striuelin, Edinburgh, Hadingtoune, Berwik, Roxburgh et balliui de Lauderdale ; 
et dictos vicecomites, et eoruni deputatos, de Forfare, Fyffe, Striuelin, Edinburgh, 
Hadingtoune, Berwik, Roxburgh, et ballmum de Lawderdale, presentes et futuros 



APPENDIX OF CHARTERS, ETC. 305 

ac dictum Willelmum dominum Abirnethy et heredes suos predictos, de omnibus 
huiusmodi seruiciis in curiis dictorum vicecomitum et balliui, pro nobis et succes- 
soribus nostris, exonerauimus imperpetuum presentis carte nostre per tenorem : 
In cuius rei testimonium presenti carte nostre magnum sigillum nostrum apponi 
precipimus ; testibus, reuerendis in Cristo patribus, Jobanne episcopo Glasguensi 
cancellario nostro, Jacobo episcopo Dunkeldensi, Andrea electo Morauiensi nostri 
secreti sigilli custode ; dilectis consanguineis nostris, Dauid comite de Craiifurde 
domino Lindesay, magistro hospitii nostri, Willelmo comite de Eroll domino 
le Hay, constabulario regni nostri, Thoma domino Erskin, Willelmo domino 
Borthwik, magistris Archibaldo Quliitelaw, arcliidiacono Laudonie, secretario 
nostro, et Patricio Leithe canonico Glasguensi, clerico nostrorum rotulorum et 
registri ; apud Edinburgh, decimo die mensis Januarii, anno Domini millesimo 
quadringentesimo octuagesimo secundo, et regni nostri vicesimo tertio. 1 

59. Retour of James Lord Abernethy, as heir to William Lord Abernethy 
his brother, in the barony of Abernethy in Rothiemay, etc. 10th October 
U 



Hec inquisicio facta fuit apud burgum de Edinburgh, in pretorio eiusdem, decimo 
die mensis Octobris anno Domini millesimo quadringentesimo octuagesimo octauo, 
coram honorabili viro, Johanne Stewart de Cragyhall, vicecomite de Banff in hac 
parte specialiter constituto per commissionem supremi domini nostri Regis sibi 
directam, per hos probos patrie subscriptos ; videlicet, nobiles et potentes dominos, 
Wilelmum comitem Mariscalli, Johannem dominum Glammis, dominos Alexan- 
drum Dunbare de Westfelde, Jacobum Ogilby de Fyulater, Robertum Hammil- 
toun de Fingaltoun, milites, Dauid Hepburn de Wauchtoun, Jacobum Dunbare 
de Cumnok, Jacobum Douglas de Petindrech, Jacobum Skrimgeour de Dudup, 
Alexandrum Stratoun de Lowrenstoun, Patricium Berclay de Grantuly, Johannem 
Berclay de Towy, Thomam Bard de Ordinhuch, Alexandrum Mowat de Loscragy, 
Archibaldum Wauchop de Litilnudry, et Alexandrum Tolloch ac Walterum Ogilby 
de le Crag : Qui iurati dicunt quod quondam Willelmus dominus Abirnethy in 
Rothymaii, frater germanus Jacobi Abirnethy, latoris presencium, obiit vltimo 
vestitus et saisitus vt de feodo, ad pacem et fidem domini nostri Regis, de omni- 

1 Original Charter at Salton Hall. 
VOL. II. 2 Q 



306 APPENDIX OF CHARTERS, ETC. 

bus et singulis terris et baroniis subscriptis ; videlicet, de totis et integris terris 
baronie de Abirnethy in Rothymaii, necnon de terris baronie de Cornecarne, cum 
tenentibus et tenandriis, cum pertinenciis, iacentibus infra vicecomitatum de Banff ; 
necnon de totis et integris terris baronie de Rethe cum pertinenciis, iacentibus 
infra vicecomitatum de Forfare ; terris de Dalgatbe cum pertinenciis iacentibus 
infra vicecomitatum de Fiff ; necnon de terris de Daldres cum pertinenciis, iacen- 
tibus infra vicecomitatum de Striueling ; necnon de totis et integris terris baronie 
de Glencors cum pertinenciis, iacentibus infra vicecomitatum de Edinburgh ; 
necnon de totis et integris terris baronie de Saltoun cum pertinenciis, iacentibus 
infra vicecomitatum de Edinburgh et constabulariam de Hadingtoun ; ac eciam 
de terris de Lyelstoun et Vgstoun cum pertinenciis, iacentibus infra vicecomitatum 
de Beruik et balliatum de Laudirdale ; ac de totis et integris terris baronie de 
Prendirlaitb, cum tenentibus, tenandriis, et annexis eiusdem cum pertinenciis, 
iacentibus infra vicecomitatum de Roxburgh : Quequidem terre et baronie predicte 
sunt annexe, incorporate, et vnite dicte baronie de Abirnethy in Rothymaii, ad 
facienda seruicia in curia vicecomitis de Banff j>ro omnibus et singulis baroniis 
et terris, prout in carta quondam supremi domini nostri Regis desuper ostensa 
plenius declaratur ; et quod dictus Jacobus Abirnethy, lator presencium, est 
legittimus et propinquior heres eiusdem quondam Willelmi, fratris sui, de omnibus 
et singulis terris et baroniis, cum tenentibus et tenandriis, cum pertinenciis, racione 
tallie ; et quod est legittime etatis ; et quod dicta baronia de Abirnethy in 
Rothymaii, cum tenentibus et tenandriis eiusdem, valet nunc per annum cen- 
tum mercis et tempore pacis valuit quadraginta libris ; et quod baronia de 
Cornecarne cum pertinenciis valet nunc per annum quinquaginta mercis et tempore 
pacis valuit viginti libris ; et quod baronia de Redy valet nunc per annum quad- 
raginta mercis et tempore pacis valuit viginti libris ; et quod terre de Dalgathy 
cum pertinenciis valent nunc per annum decern libris et tempore pacis valuerunt 
quinque libris ; et quod terre de Daldres valent nunc per annum viginti libris et 
tempore pacis valuerunt decern libris ; et quod baronia de Glencors cum perti- 
nenciis valet nunc per annum quadraginta libris et tempore pacis valuit viginti 
libris ; et quod baronia de Saltoun valet nunc per annum centum mercis et 
tempore pacis valuit quadraginta libris ; et quod terre de Lyelstoun et Vgstoun 
valent nunc per annum viginti mercis et tempore pacis valuerunt decern libris ; et 
quod baronia de Prendirlaith valet nunc per annum quadraginta libris et tempore 



APPENDIX OP CHARTERS, ETC. 307 

pacis valuit triginta libris : Et quod baronie de Abirnethy in Rothymaii, Corne- 
carne, Saltoun, Glencors, cum tenentibus, tenandriis, et annexis earundem, necnon 
terre de Daldres et Vgstoun, tenentur in capite de supremo domino nostro Rege, 
tanquam domino superiore dictarum terrarum, per wardam et releuium, reddendo 
dicto domino nostro Regi et successoribus suis seruicia in curia vicecomitis de 
Banff, pro omnibus et singulis terris et baroniis, prout in carta dicti supremi 
dornini nostri Regis declarator et continebatur ; et quod baronia de Redy cum 
pertinenciis tenetur in capite de supremo domino nostro Rege per albam firmam, 
soluendo inde annuatim in festo Penthecostes apud capitale messuagium dictarum 
terrarum vnum denarium nomine albe firme, si petatur ; et quod terre de Dal- 
gathy tenentur in capite de supremo domino nostro Rege per albam firmam, 
reddendo dicto domino nostro Regi vnum denarium annuatim in festo Penthe- 
costes. super solum earundem terrarum nomine albe firme, si petatur; et quod 
terre de Lyelstoun cum pertinenciis tenentur in capite de supremo domino nostro 
Rege, reddendo sibi et successoribus suis vnum denarium argenti in die Penthe- 
costes apud capitale messuagium earundem, nomine albe firme, si petatur ; et 
quod baronia de Prendirlaith cum tenentibus et tenandriis, cum pertinenciis, 
tenetur in capite de supremo domino nostro Rege, reddendo sibi et successoribus 
suis vnum florenum auri vel nouem solidos monete currentis ad festum natiuitatis 
Sancti Johannis Baptiste, nomine albe firme, super solum dictarum terrarum, si 
petatur; et quod omnes et singule predicte terre et baronie, cum tenentibus, 
tenandriis, et annexis earundem, nunc sunt in manibus domini nostri Regis 
tanquam in manibus domini superioris earundem legittime per seipsum, in defectu 
veri heredis ius suum hucusque minime prosequentis a tempore obitus dicti 
quondam Willelmi domini Abirnethy, fratris germani dicti Jacobi, qui obiit per 
spacium quatuor mensium vel eocirca ante confectionem presencium : In cuius 
rei testimonium sigilla quorumdam eorum qui dicte inquisicioni intererant, vnacum 
appensione sigilli dicti vicecomitis, presentibus sunt appensa, anno, die, mense, et 
loco predictis. 1 

1 Original at Salton Hall. 



308 



ABSTRACT OF CHARTERS IN APPENDIX. 



I.— LETTER RELATIVE TO QUEEN MARGARET, THE MAID 

OF NORWAY. 

PAGE 

1. Letter by William Fraser, Bishop of St. Andre vvs, to Edward the 
First, King of England, stating that his Majesty's ambassadors, 
the Scottish ambassadors who had been sent to his Majesty, and 
several nobles of Scotland, had met at Perth on the Sunday following 
the Feast of St. Michael, to receive the king's answer to the points 
treated of by the ambassadors in his presence, and that the faithful 
nobles, and a certain party of the commonalty of Scotland, gave him 
unbounded thanks for his answer; that his Majesty's ambassadors 
and the Bishop himself were making ready to set out for Orkney, to 
arrange with the Norwegian ambassadors for receiving their queen, 
when a lamentable rumour spread among the people of her death, 
whereby the kingdom was disturbed ; that on the spread, of this 
rumour, Sir Robert de Brus, who before did not intend to come to 
the foresaid meeting, came with a large force, but the Bishop was 
still ignorant of what he meant to do. However, the Earls of Mar 
and Athole had already summoned an army, and certain other lords 
were joining their party, so that there was dread of a civil war, 
unless his Majesty applied a speedy remedy. That the Bishop of 
Durham, the Earl of Warrenne, and- himself, had heard that the 
queen was recovering, but ' was still weak, whereupon they had 
resolved to. remain near Perth till they received sure information 
from the knights who had been sent to Orkney, and if they had 
good news, they would set out thither to accomplish the business 
aforesaid. The writer advises that if Sir John de Balliol came to 



ABSTRACT OF CHARTERS IN APPENDIX. 309 

PAGE 

the king's presence, he should so treat with him that in every event 
his Majesty's honour and interest should be preserved j and that if 
the queen had departed this life, his Excellency should condescend 
to draw towards the Marches for the consolation of the Scottish 
people, and to spare the shedding of blood, so that the faithful of the 
kingdom might be able to keep their oath unbroken, and appoint him 
to be king who of right ought to inherit, providing he would follow 
his Majesty's counsel. Dated at Leuchars, Saturday, the morrow of 
St. Faith the Virgin [7th October], 1290, 195 



II— CHARTERS RELATING TO COWIE AND DURRIS. 

2. Transumpt, made 21st April 1453, in presence of Master Henry Herwy, 

precentor and commissary of Aberdeen, at the instance of John 
Kymbdy, burgess of Aberdeen, of a charter by Robert, janitor of 
Kincardine in the Mearns, lord of Portarstoun and Achichdonachy, 
to Duncan Kymbdy, burgess of Aberdeen, of his lands of Achich- 
donachy : To be held by the said Duncan, his heirs and assignees, of 
the granter and his heirs, in feu-farm, saving the king's forensic 
service so far as pertained to the land, for payment of six pennies 
sterling yearly.' Sealed with the granter's seal, and the seals of Sir 
Alexander Fraser, then sheriff of the Mearns, Symon Fraser his 
brother, John de Crag, and John Bennom. [Circa 1317] 196 

3. Charter by King Robert the First to Alexander Fraser, knight, of six 

acres of arable land in the king's tenement of Auchincarnie, near the 
royal manor of Kincardine, bounded as thexein described : To be. held 
by him and the heirs begotten between him and the late Mary de 
Bruce his spouse, the king's sister, in free hostilage, with common 
pasture in the king's thanage of Kincardine for two horses, ten oxen, 
twelve cows, a hundred sheep, and their offspring till one year old, 
with liberty to cast peats and turfs in the said thanage. Dated at 
Kynrosser, 22d September, a.r.e. 18 [1323], 198 



310 ABSTRACT OF CHARTERS IN APPENDIX. 

PAGE 

4. Charter by King Robert the First to Alexander Fraser, knight, and John 

his son, the king's nephew, granting in recompense for a park, which 
they should cause to be made for the king's use, in the forest of Cragy 
in the thanage of Cowie, containing within the enclosure fifteen hundred 
"particates" of land, the whole of the said forest outside the enclosure 
of the said park : To be held by them and their heirs, of the king and 
his heirs, in fee and heritage, and in free forest for ever, for maintaining 
the enclosure of the said park, and keeping the same for the King's 
use, with vert and venison, reserving to the king's men the easements 
of the said forest due and wont. Dated at Stirling, 6th April, 
A.R.R. 22 [1327], 199 

5. Charter by King David the Second to Alexander Fraser his kinsman, of 

the lands of the thanage of Durris in the shire of Kincardine : To be 
held by him and his heirs of the king and his heirs, in fee and heritage, 
and in one free barony, for rendering three suits at the three head courts 
of the shire of Kincardine, and the service of an archer in the king's 
host. Dated at Edinburgh, 4th September, A.R.R. 40 [1369], 200 

6. Charter of Confirmation by King Robert the Second, of a grant made 

by Alexander Fraser, knight, the king's kinsman, to Alexander Baner- 
man, burgess of Aberdeen, of the lands of Alesek, in the barony of 
Cowie and shire of Kincardine, reserving the king's service. Dated 
at Scone, 19th October, A.R.R. 17 [1387], 200 

7. Letters of Sale by William Fraser, lord of Philorth, to William de Hay, 

lord of Errol and Constable of Scotland, of all his lands of the baronies 
of Cowie and of Durrys, in the shire of the Mearns, for a sum of 
money paid to the granter : To be held by him, his heirs and assignees, 
of the king in free barony; in which lands Dame Elizabeth Hamilton, 
sometime wife of Sir Alexander Fraser, was joint-feft, who was to be 
treated with to resign them to the king or the governor, to infeft 
the said William Fraser therein, who bound himself, within forty 
days after the resignation, or after her decease, to resign them in 
favour of the lord of Errol, his heirs or assignees, under the penalty 



ABSTRACT OF CHARTERS IN APPENDIX. 311 

PAGE 

of £100 Scots yearly, till the agreement should be fulfilled. Dated 

at Perth, 10th October 1413, 201 

8. Charter by Robert Duke of Albany, Governor of Scotland, to William 

de Hay of Errol, Constable of Scotland, his nephew, of the lands 
of the barony of Cowie in the shire of Kincardine, which belonged 
heritably to William Fraser of Philorth, and had been resigned by 
him : To be held by the grantee and his heirs, of the king and his 
heirs, in free barony for ever, for rendering the services due and 
wont. Dated at Falkland, 14th May 1415, 202 

9. Eetour of Sir Alexander Fraser, knight, as heir to Sir Alexander Fraser, 

knight, his grandfather, in the barony of Cowie, which lands were 
worth £40 per annum in time of peace, and were held of the Earl 
of Errol by service of ward, and had been in the hands of the Earl as 
overlord for three months or thereby, since the death of William de 
Hay, who died last vest and seised therein. Expede at Kincardine, 
14th April 1461, 203 

1 0. Confirmation by King James the First, under the Great Seal, dated 8th 
August 1430, of a charter of confirmation by King Robert the Third, 
dated 5th October 1400, to Alexander Fraser, natural son of Sir 
Alexander Fraser of Cowie and Durris, knight, of a charter made by the 
said Alexander Fraser, lord of the baronies of Cowie and Durris, with 
consent of Elizabeth de Hamilton his spouse, to the said Alexander 
Fraser his son, for homage and service done and to be done by him 
to them, the survivor of them, and the heirs of their bodies, of the 
lands of the two Kynclonyes, Balcharne, and Balfuthachy, with their 
pertinents, in the barony of Durris and shire of Kincardine : To be 
held by him and the lawful heirs of his body (whom failing, to return 
to the granter and his heirs), of the granter and the said Elizabeth, and 
the heirs of their bodies ; and if the heirs of their bodies should fail, 
he gives and confirms to the said Alexander his son, for service already 
done to him, the whole foresaid barony of Durris, to be held by him 



312 ABSTRACT OF CHARTERS IN APPENDIX. 

PAGE 

and the heirs of his body (whom failing, to return to the granter 
and his heirs), of the granter and his heirs, for rendering to the king 
the service due and wont. Dated at Aberdeen, 20th September 1400, 204 

III.— CHARTERS RELATING TO PHILORTH AND OTHER LANDS 
ACQUIRED AND ADDED TO PHILORTH. 

11. Charter by King David the Second to William Earl of Ross, of the 

earldom of Ross and lordship of Skye, and all other lordships and lands 
that belonged to the said Earl, except those in the shires of Aberdeen, 
Dumfries, and Wigtown ; which earldom, etc., the Earl had resigned by 
his procurators in the king's hands in the Parliament held at Perth, 23d 
October 1370 : To be held by the said Earl and the heirs-male of his 
body ; whom failing, by Walter de Lesley, knight, and Eufamia his 
spouse, and the survivor of them, and the heirs of the said Eufamia's 
body, so that if there were no heir-male of her body, and she should 
have several daughters, the eldest daughter, as well of Eufamia as of 
her heirs begotten of her, failing heirs-male, should succeed to the 
whole earldom with the above exceptions, always without division ; 
whom failing, by Johanna, the younger daughter of the said Earl, and 
her heirs, the eldest heir-female always succeeding, without division — 
of the King and his heirs, for rendering the services due and wont. 
Dated at Perth, 23d October, A.R.R. 41 [1370], 206 

1 2. Letters of Complaint by William Earl of Ross to King Robert the 

Second and his Council, representing that his Majesty's predecessor 
had given to Sir Walter de Lesley, knight, all the complainant's lands 
and tenements, and also those of Hugh de Ross his brother, within 
Buchan, neither he nor his brother being called, summoned, or 
convicted ; that on coming to know of the seizin so given to Sir 
Walter, violently and without process of law, he had applied by letter 
to the Bishop of Brechin, chancellor of Scotland, for a letter of 
attorney from the Chancery, containing the names of Robert Steward 
of Scotland, Thomas Earl of Mar, William de Keth, and William de 



ABSTRACT OF CHARTERS IN APPENDIX. 313 

PAGE 

Meldrum, knights, and had written a letter to each of them, entreating 
them to be his attorneys to ask from the king his lands under pledge, 
with a letter to the king and another to Eufamia, the complainant's 
sister, on the same subject; that he intrusted these to Sir John de 
Gamery, canon of Caithness, his clerk, who was waylaid on his journey 
by John de Aberkyerdor, calling himself the esquire of the said Sir 
Walter de Lesley, who arrested him, abused his servant because he 
would not tie his master to the tail of his horse, despoiled him of the 
letters, and took him into woods and waste places, compelling him to 
deliver up the box containing the letters to the said Sir Walter, and 
pay a ransom; that the Earl went as far as Aberdeen to the king's pre- 
sence, where he found he could not get his lands to pledge unless he gave 
up to John de Logy his right to the Platan of Forfar, etc. ; that on the 
king coming to Inverness, the Earl and his brother Hugh, seeing Sir 
Walter very powerful at Court, were compelled, for avoiding greater 
perils, to ratify the king's grants to the said Sir Walter, Hugh being 
then in hiding in woods and inaccessible places ; that it was of truth 
that his daughter was married to Sir Walter de Lesley against his will, 
and that no grants were made by the Earl to him, save owing to 
King David's rigour and in fear of his indignation. Dated at Edin- 
burgh, 24th June 1371, 208 

13. Transumpt, made 18th April 1455, at the instance of Alexander Fraser 

of Philorth, of a charter by Walter de Leslie, knight, lord of Eoss, 
to his brother and sister, Sir Alexander Fraser, knight, and Johanna 
his spouse, and the lawful heirs of their bodies, of the lands of 
Philorth, namely, the lands of Kirktoun, Cairnbulg, and others therein 
specified : To be held as compensation for the said lands of Eoss, of 
the king, as freely as the said Walter and Euphemia his spouse held 
them. Dated at Aberdeen, 4th June 1375, 209 

14. Transumpt, made 6th March 1480, by David Meldrum, official principal 

of St. Andrews, at the instance of Alexander Fresell, eldest son and 
apparent heir of Alexander Fresel of Philorth, — of a transumpt, 
VOL. II. 2 R 



314 ABSTRACT OF CHARTERS IN APPENDIX. 

PAGE 

made 1 7th October 1 437, by William of Karnys, vicar of Glammis, and 
commissary-depute of St. Andrews, at the instance of Alexander 
Fraser, — of a charter by Walter Lesly, knight, lord of Ross, and 
Eufamia Eoss his spouse, to their brother-in-law Alexander Fraser, 
knight, and their sister Jonet Eoss, and the survivor, of the lands of 
Auchinchogyl and Mekil Fyntra, in the shire of Aberdeen; the lands of 
Crekiltoun, in the shire of Wigtown ; and an annualrent of £ 1 8 sterling 
out of the lands of Faryndonalde in Eoss, in the shire of Inverness ; 
in more full excambion and satisfaction to the said Sir Alexander and 
Jonet and their heirs, for all their heritable parts of the lands of Eoss, 
in the shire of Inverness, disponed by them for the said lands and 
annualrent : To be held by the said Alexander and Jonet, and the 
survivor and the heirs of their bodies, whom failing, by the heirs of 
the said Jonet whomsoever, from the granters and their heirs, of the 
king and his successors ; for rendering to the king the service due 
and wont, and ward and relief when they happened. Dated at Aber- 
deen, 4th June 1375, 211 

15. Transumpt, made at Perth, 24th March 1424-5, under the seal of King 

James the First, at the instance of William Fraser of Philorth, of a 
charter by King Eobert the Third, confirming all the gifts, grants, 
conditions, and agreements made by Walter de Leslie, knight, lord of 
Eoss, to Alexander Fraser, knight, of certain lands aud annualrents 
in the earldoms of Eoss and Buchan and lordship of Galloway : To 
be held by the said Alexander and his heirs in fee and heritage, with 
reservation of the king's service due and wont. Dated at Dun- 
donald, 28th October 1405, 217 

1 6. Charter by King Eobert the Second, confirming a charter by Archibald 

de Douglas, knight, lord of Galloway and Bothwell, to Sir Alexander 
Fraser, knight, for his homage and service, of 80 merks' worth of 
lands and mills, in the lordship of Aberdour and shire of Aberdeen : 
To be held by him and Lady Johanna his spouse, and the survivor, 
and the heirs of the body of the said Sir Alexander, of the granter 



ABSTRACT OF CHARTERS IN APPENDIX. 315 

PAGE 

and his heirs, whom failing, of Johanna, the granter's spouse, and her 
heirs in the lordship of Aberdour ; for rendering the forensic service 
pertaining to the said lands and mills ; and in case of failure of the 
heirs of the body of the said Alexander, the said lands to revert to the 
granter and his heirs ; whom failing, to the said Johanna, the granter's 
spouse, and her heirs, lords of Aberdour. The Confirmation is dated 
at the Monastery of Aberbrothok, 31st December, A.R.R. 8 [1378],... 218 

17. Charter by James de Douglas, lord of Abercorn and of Aberdour, to 

his kinsman William Fraser, of the lands of Ouir Pettouly, Nethir 
Pettouly, Petslegach, Culburty, Le Quarale, Ardelach, Achlun, the 
three Bulgenis, with the mill of Bulgeny, Glascelach, Culcaoch, 
Achmacludy, Drumwhendil, with the mill thereof, Mamsy, with the 
mill of Badechale, and Bathin, in the barony of Aberdour and 
shire of Aberdeen ; which lands and others belonged to Sir Alex- 
ander Fraser, knight, his father, heritably, and had been resigned 
by him : To be held by the foresaid William and his heirs, of the 
granter and his heirs, for rendering to them the services due and 
wont : Beserving to the said Sir Alexander the frank tenement of 
the said lands during his life, and to Lady Elizabeth his spouse her 
terce thereof, for her lifetime, if she survived Sir Alexander her 
husband. Dated at Edinburgh, 25th October 1408, 220 

1 8. Confirmation by Archibald Earl of Douglas, of the foregoing grant by 

his brother James de Douglas, lord of the baronies of Abercorn and 
Aberdour, to the Earl's kinsman William Fraser, of the lands of Ouir 
Pettouly, Nethir Pettouly, Petslegach, Culburty, . . . the three 
Bulgenis, with the mill of Bulgeny, Glascelach, Culcaoch, Achmacludy, 
Tulynamolt, with the mill thereof, etc. Dated at Edinburgh, 28th 
October 1408, 221 

19. Charter by Archibald Earl of Douglas, confirming a charter by James 

de Douglas, lord of Abercorn and of Aberdour in Buchan, to his 
esquire Patrick Keede Bamsay, for his service rendered and to be 



316 ABSTRACT OF CHARTERS IN APPENDIX. 

PAGB 

rendered during his life, of the lands of Little Drumqwhendill, in the 
barony of Aberdour and shire of Aberdeen, which belonged heritably 
to Sir Alexander Fraser, knight, and had been resigned by him into 
the granter's hands, at Edinburgh, on 25th October 1408: To be 
"held by the said Patrick, his heirs and assignees, of the granter and 
his heirs and successors, barons of Aberdour, in fee and heritage, for 
yearly payment of a silver penny in name of blench farm, at Whit- 
sunday, if asked only. Dated at Edinburgh, 31st October 1408, ... 222 

20. Charter by Isobella de Douglas, Countess of Mar and Garioch, to her 

kinsman, William Fraser, and Elinora de Douglas his spouse, and 
their heirs, in free marriage, of the lands of Tibarty and Wtlaw, 
with the pertinents, in the barony of Strauthaveth and shire of 
Banff, for rendering three suits yearly at the granter's head courts. 
Dated at the Castle of Kyndromie, 8th December 1 404, 224 

21. Letters of Bailliary by James de Douglas of Balveny, directing Simon 

Banerman his bailie to infeft Alexander Fraser of Philorth in the 
lands of Culburty, Mamsy, Ouir Pettouly, Nethir Pettouly, and 
Rathin, in the lordship of Abercorn and shire of Aberdeen. Dated 
at- Perth, 6th October [1430] 225 

22. Notarial Copy of Charter by Alexander Stewart, Earl of Mar, con- 

firming the grant made by William Fraser of Philorth to Alexander 
Fraser his son and heir, and Marjory Meignes his spouse, of the 
lands of Tibberty and Utlaw, in the barony of Strathalveth and 
shire of Banff: To be held by them, the survivor of them, and the 
heirs of their bodies, whom failing, by Isobella, daughter of the said 
William Fraser, and the heirs begotten between her and Gilbert 
Meignes, of the Earl and his successors, in fee and heritage for ever ; 
reserving to the Earl the service due and wont. Dated at Perth, 
circa 1430, 225 

23. Charter by King James the Second, under the Great Seal, to Alexander 

Fresaile of Philorth, of the lands of Philorth, and the lands of Aber- 



ABSTRACT OF CHARTERS IN APPENDIX. 317 

PAGE 

dour which belonged to the said Alexander, in the shire of Aberdeen ; 
also the lands of Tebarti and Vtelaw, in the barony of Strathalva 
and shire of Banff; which all belonged to the said Alexander Fresale 
heritably, and were resigned by him personally at Aberdeen ; and 
which are all hereby incorporated into one free barony, to be called 
the barony of Philorth : To be held by him and his heirs, of the 
king and his successors, kings of Scotland, for rendering yearly three 
suits at the three head courts of the shire of Aberdeen. Dated at 
Spynie, 9th February 1455-6, 22G 

24. Charter by Alexander Fraser of Philorth, knight, to Alexander Fraser 

his son and apparent heir, of all his lands of the barony of Philorth, 
both property and tenandry, in the shire of Aberdeen : To be held by 
him and the heirs-male of his body ; whom failing, successively by 
James, William, John, Andrew, and George, his other sons, and the 
heirs-male of their bodies ; whom failing, by any other heirs-male to 
be begotten of his body ; whom failing, by his kinsman Hugh Fraser 
of Lovat, and the heirs-male of his body ; whom all failing, by his 
nearest heirs-male of the surname of Fraser; of the king, for perform- 
ing the service due and wont. Dated at Aberdeen, 13th July 1464, 228 

25. Charter by Hugh Lord Fraser of Lovat, whereby, in the event 

of his decease without an heir-male of his body, he grants to 
his kinsman, Alexander Fraser of Philorth, knight, all his lands of 
Kynnell, in the shire of Forfar, and the third part of the barony and 
lands of the Airde, with the pertinents; to wit, Stratherrick, the third 
part of the lands of Glenelg, of the three Leis, Muckavie, Balvraid, 
Leinach, with the two Daltilichs, and of Dalcross, in the regality of 
Moray; also Gushachan, Kirkomyr, Mauls, and Wester Eskidels, 
lying in Strathglas, in the barony of Aird and shire of Inverness ; 
and all his lands of Lovett : To be held by the grantee and the heirs- 
male of his body, whom failing, by the granter's heirs-male and 
nearest of his surname whomsoever, of the king, for rendering the 
service due and wont. Dated at Aberdeen, 13th July 1464. [Copy], 230 



318 ABSTRACT OF CHARTERS IN APPENDIX. 

PAGE 

26. Precept of Seizin by Hugh Fraser, Lord of Lovat, for infefting Alex- 

ander Fraser of Philorth, knight, in the lands of the lordship of 
Lovat and of Kynnell, as contained in his charter of tailzie. Dated 
at Aberdeen, 24th August 1464, 232 

27. Charter by Hugh de Ross, son of the deceased Sir Hugh de Eoss, Earl of 

Eoss, to his uncle Peter de Grame, of the lands of Skaterdy and Beth, 
in Buchan, within the tenement of Kynnedor : To be held by him and 
his heirs, of the granter and his heirs, for rendering to them a pair 
of gloves at Whitsunday yearly, if asked only, and to the king the 
service due and wont. Sealed with the granter's own seal, and the seal 
of his brother, William Earl of Ross, at Kynnedor, 30th March 1351, 232 

28. Charter of Confirmation by John de 111, Earl of Eoss and Baron of 

Kynnedvarde, of a charter by Thomas Grayme of Scatyrty and Bytht 
to Alexander Fraser of Fillorth, knight, of the lands of Scatyrty and 
Bytht, in the barony of Kynnedvarde and shire of Aberdeen : To be 
held by the said Alexander and his heirs and assignees, of the said 
Thomas and his heirs, for payment of a silver penny at Whitsunday 
yearly, in name of blench farm, if asked only. The charter is dated 
at Aberdeen, 25th January, and the confirmation at Dingwall, 24th 
February 14G9-70, 233 

29. Precept by Alexander Fraser of Philorth, knight, to his bailies, to give 

seizin to Alexander Fraser, his son and heir-apparent, of the lands of 
Mamsy, in the earldom of Buchan and shire of Aberdeen. Dated 
at Philorth, 12th August 1474, 235 

30. Precept of Brief by King James the Fourth, under the Great Seal, 

appointing Alexander Banerman of Watirtoun, Alexander Lawder, 
provost of Edinburgh, and others, his sheriffs of Aberdeen, for exe- 
cuting the brieves of inquest purchased or to be purchased by 
William Fraser, brother of the late Alexander Fraser of Philorth, 
respecting the lands and annualrents that belonged to the latter in 
the shire of Aberdeen ; such brieves to be expede in the Tolbooth of 
Edinburgh. Dated at Edinburgh, 3d April 1501, 236 



ABSTRACT OF CHARTERS IN APPENDIX. 319 

PAGE 

31. Charter by Walter de Lesley, lord of Ross, to his kinsman, Andrew 

Mercer, for his faithful service, of the land of Faythley, with the 
pertinents, in the barony of Kynedward and shire of Aberdeen, which 
belonged to Jonet de Meignes, lady thereof, daughter and heiress of 
Alexander de Meignes, and were resigned by her at Doune in Men- 
teith, on 5th June 1381 : To be held by the said Andrew and his 
heirs and assignees, of the granter and his heirs, for rendering a pair 
of gilt spurs at Faythley, at Whitsunday yearly, in name of blench 
farm, if asked only, under reservation of the king's forensic service 
due and wont. Dated at Elgin, 18th August 1381, 237 

32. Charter by Eufamia, Lady of Ross, daughter and heiress of the deceased 

William Earl of Ross, confirming the preceding charter by Sir Walter 
de Lesley, lord of Ross, her late spouse, to Andrew Mercer, th ir 
kinsman, and his heirs and assignees, of the lands of Faithlie : Con- 
firming to them also an annualrent of nine pounds sterling out of 
Fynletor, Natyrdole, and Petyndreych, and of 24s. out of Culbreny, in 
the shire of Banff, to be held for rendering a pair of gilt spurs yearly 
to the king, in name of blench farm ; also a charter of the lands of 
Tyrie, in the barony of Kynedward and shire of Aberdeen, to be held 
for payment of a penny sterling yearly in name of blench farm. 
Dated at Dingwall, 9th March 1381-2, 238 

33. Precept by Henry Marser of Audy, to give seizin to William Fraser of 

Philorth, knight, of the lands of Faithlie and Tyrie. Dated at 
Perth, 15th June 1504, 240 

34. Signature by King James the Fifth, ordaining a charter under his 

Great Seal to be made to Alexander Fraser of Philorth, his heirs 
and assignees, of the lands and barony of Philorth ; the lands of 
Faithlie, Scattertie, and Tiry, in the shire of Aberdeen ; the lands of 
Utlaw and Greynlaw, Fatteheid, Tibberty, and Forfaldis, in the shire 
of Banff ; of new uniting and erecting the foresaid lands into a free 
barony, to be called the barony of Philorth, of which the manor-place 
and castle of Philorth was to be the chief messuage. Dated 1541,... 240 



320 ABSTRACT OF CHARTERS IN APPENDIX. 

PAGE 

35. Charter by Mary Queen of Scots, under the Great Seal, dated 1st March 

1561, confirming a charter by Alexander Fraser of Philorth to his 
grandson, Alexander Fraser, and Magdalen Ogilvy his spouse, in con- 
junct-fee, and the heirs of their bodies, whom failing, to the heirs 
and assignees whomsoever of the said Alexander, younger, of the 
lands of Pettalochy : To be held for payment to the Crown of one 
penny yearly, if asked only. Dated at Banff, 29th October 1559,... 243 

36. Contract between John Lord Abernethy of Saltoun, with consent of 

his curators, and Dame Margaret Stewart, Lady Saltoun, his mother, 
and Mistress Margaret Abernethy his sister-german, with advice of 
her curators, on the one part, and Sir Alexander Fraser of Fraser- 
burgh, knight, with consent of Dame Magdalen Ogilvy his spouse, 
and Alexander Fraser, their son and apparent heir, on the other part, 
for a marriage between the said Alexander Fraser, son and heir fore- 
said, and the said Mistress Margaret Abernethy, to take place betwixt 
the date of this contract and the 1st of May immediately following : 
In contemplation of which marriage the said Sir Alexander Fraser 
binds himself to infeft his son and the said Mistress Margaret, his 
future spouse, in the lands of Nether Pettulies, Over Pettulies, etc., 
with provision for exchange of these for the lands of Tibbertie and 
others on Doveranside, in the event of the redemption of these latter 
by the said Sir Alexander, and with other provisions therein specified ; 
and the said John Lord Saltoun and Dame Margaret Stewart become 
bound to pay to the said Sir Alexander Fraser the sum of sixteen 
thousand marks Scots as tocher, etc. Dated at Edinburgh and 
Inverallochy, 19th December and 4th January 1595-6, 246 

37. Charter by King James the Sixth to Alexander Fraser of Philorth, and 

the heirs-male of his body, whom failing, his heirs-male and assignees 
whomsoever, of the lands and barony of Philorth, and the lands of 
Aberdour, in the shire of Aberdeen, the lands of Tibberty of Utlaw in 
the shire of Banff, united of old into the barony of* Philorth and 
extending to a twenty pound land of old extent ; the lands of Scatterty, 



ABSTRACT OF CHARTERS IN APPENDIX. 321 

PAGE 

with the salmon -fishings in the water of Doveran, in the barony of 
Kinedward, the lands of Faithlie and Tyrie, with the port, town, and 
burgh of barony of Faithlie, in the same barony, and the lands of 
Kirktown Tyrie, in the barony of Aberdour, all formerly united 
into the barony of Philorth : the lands of Inverallochy, the lands 
of Fortrie of Inverury, and mill called Denend, extending to a 
three pound land of old extent, lying in the barony of Inverallochy, 
the lands of the third part of the town and lands of Faithlie, the 
shadow half of the town and lands of Kindrocht and Denend, in the 
barony of Kinedward and shire of Aberdeen : All which had been 
resigned by the said Alexander into the hands of the king as 
superior. Further, the king, for the good, faithful, and ready service 
done by the said Alexander, grants to him all the lands, barony, 
and others de novo, and erects the town of Faithlie into a free burgh 
of barony, with a free port, to be called in all time coming the Burgh 
and Port of Fraser, and unites the whole foresaid lands and port into 
a free barony, to be called the Barony of Philorth, and grants to him 
the patronage of the parish churches of Philorth, Tyrie, Crimond, 
and Eathen, and unites them to the barony of Philorth. Further, the 
charter confers power to build a college or colleges and erect a univer- 
sity within the burgh of Fraser. Dated at Edinburgh, 1st July 1592, 254 

38. Act of Parliament, bestowing in mortmain the patronage of the parish 
churches of Philorth, Tyrie, Crimond, and Eathen on the university 
to be founded in Fraserburgh, with consent of Sir Alexander Fraser 
of Fraserburgh, patron of the foresaid churches ; and ratifying the 
infeftment made to Sir Alexander on 1st July 1592 (No. 37, supra). 
Dated 16th December 1597, 263 

39. Letters of Publication of the liberties and privileges of the burgh of 
Fraserburgh, according to the infeftment under the Great Seal 
granted to Sir Alexander Fraser of Philorth and Fraserburgh thereon. 
Given under the signet, at Edinburgh, 19th May, and proclaimed at 

the Market Cross of Aberdeen, 8th August, 1601, 265 

VOL. II. 2 S 



322 ABSTRACT OF CHARTERS IN APPENDIX. 

PAGE 

40. Charter by Sir Alexander Fraser of Fraserburgh, knight, whereby, in 

execution of a contract, dated 26th August and 7th October 1613, for 
certain sums of money, he grants to the feuars, freemen, and burgesses 
of the said burgh full power within the said burgh and regality to 
pack and peill, buy and sell wine and wax, wool and lint, admit 
craftsmen, build a tolbooth and market cross, hold two weekly 
markets, and two yearly fairs on St. Michael's Day and John the 
Baptist's Day, etc., with power to levy and collect customs, tolls, 
anchorages and haven silver, for building and keeping in repair 
the bulwark, tolbooth, market cross, and common school, etc., of the 
said burgh, with advice and consent of the said Sir Alexander and 
his heirs and of the councillors; with a gift of common : Reserving to 
the said Sir Alexander and his foresaids the right of buying and selling, 
for their own use only, all goods, without payment of custom, and 
the title and authority of chief magistrate or provost of the burgh, etc. 
Contains a precept of seizin, instructing John Leslie of Balquhain, as 
Sir Alexander's bailie, to give real and corporal possession of the 
foresaid privileges to the burgesses and freemen of the said burgh, by 
delivery of earth and stone, the keys of the town-house, and the " hesp 
and stapill" of the cross. Dated at Braidsea, 2 2d December 1613, 269 

41. Extract Retour of Alexander Fraser of Philorth, as heir to Sir Alexander 

Fraser of Fraserburgh, knight, his father, in the lands of the barony of 
Philorth, which had been in the hands of the king as overlord since 
the death of the said Sir Alexander in July 1623. Subjoined is a 
retour of the same as heir to Andrew Fraser of Tyrie, his uncle. 
Expede at Aberdeen, 17th December 1624, 277 

42. Holograph Will and Testament of Sir Alexander Fraser of Philorth. 

Dated at Pettulie, 30th July 1650, 284 

43. Retour of General Service of Alexander Fraser, elder of Philorth, as heir 

of George Lord Saltoun his grandfather. 14th April 1670. [Copy], 287 

44. Ratification in Parliament of Letters-Patent by King Charles the Second, 

confirming the above-mentioned service and retour of Alexander Fraser 



ABSTRACT OF CHARTERS IN APPENDIX. 323 

PAGE 

of Philorth, as heir of the deceased Lord Saltoun, and authorising him 
and his heirs to use the title and dignity of Lord Abernethy of 
Saltoun. Dated at Whitehall, 11th July 1670, 288 

IV.— CHARTERS RELATING TO FORGLEN AND ARDENDRACHT 

FAMILY. 

45. Charter by King Robert the Second to John Fraser, son of the deceased 

William Fraser, knight, of the land of Wester Essyntoly, in the 
shire of Kincardine, which belonged formerly to John de Dalgarnock, 
and had been resigned by him into the hands of the king : To be held 
by the said John Fraser and his heirs, of the king and his heirs, for 
payment of one silver penny yearly, in name of blench farm, at the 
castle-hill of Durris. Dated at Aberdeen, 1 8th June [1373], 289 

46. Charter by Alexander Fraser, knight, lord of the barony of Cowie, to 

his brother, John Fraser, of the lands of Auchynschogyll, Plady, 
and Dalgedy, with the Quarrell, in Buchan, in the shire of Aberdeen : 
To be held by the said John, and the heirs of his body, of the granter 
and his heirs, for payment of a pair of gilt spurs at Whitsunday, at 
the manor-place of Philorth, and giving three suits of Court ; the 
lands to revert to the granter and his heirs if the said John died 
without an heir of his body. Dated at Aberdeen, 19th May 1376, 289 

47. Obligation by Alexander Fraser, lord of the barony of Cowie and Durris, 

that in case his brother John Fraser were removed through process 
of law, by him or his heirs, from the lands of Achinshogill, Plady, 
Delgedy, and the Quarell, the said John should have the lands of the 
barony of Durris, in the shire of Kincardine, to him and the heirs of 
his body, in compensation therefor. Dated at Aberdeen, 20th July 
1385, 290 

48. Charter by John, Abbot of Aberbrothoc, and the Chapter thereof, to 

John Fraser and the heirs of his body, of the land of Forglen pertain- 



324 ABSTRACT OF CHARTERS IN APPENDIX. 

PAGE 

ing to the " Barcbennach," with the patronage of the church of the said 
land, for homage and service to the abbot and his successors, and 
doing in the King's host the service that pertained thereto ; which 
land Gilbert Urry and Johanna his spouse, heiress of the deceased 
Marjory spouse of John Fraser, resigned into the abbot's hands, at 
Forglen, on 3d August 1387 : To be held by the said John and the 
heirs of his body ; whom failing, by the other heirs therein mentioned, 
of the abbot and his successors j reserving to the abbot the regality 
of the said land ; for payment of 40s. sterling yearly, and doing 
homage and service, with provision that the lands should not be 
sold, wadset, or anywise alienated without leave of the abbot or his 
successors. Dated at Aberbrothoc, 2d March 1387-8, 291 

49. Eesignation by John Fraser of his lands of Forglen in the hands of 

Walter Abbot of Aberbrothoc, to dispose of them " according to the 
freedom of his own will." Dated at Aberdeen, 11th December 1411, 292 

50. Charter by John de Bonville, lord of Balhelvy-Bouville, to his kinsman 

John Fraser of Forglen, of the two towns of Ardhendracht, in the 
earldom of Buchan and shire of Aberdeen, to be held from the granter 
and his heirs. Dated at Aberdeen, 9th October 1388, 293 

51. Charter of Confirmation by King Eobert the Third, dated 4th June 

1400, of a charter by John de Bonville, son and heir of the de- 
ceased John de Bonville of Balhelvy-Bonville, to John Fraser of 
Forglen, of the lands of Balhelvy-Bonville, Colynstoun, the two 
towns of Ardendracht, with their tenandries of Blaretoun, Many, 
and Achlochery, in the shire of Aberdeen : To be held of the lord of 
Balhelvy-Berclay as overlord, from the granter and his heirs, for 
rendering yearly three suits at the three head courts of Balhelvy- 
Berclay, and forensic service to the king. Dated at Forglen, 8th 
January 13S8-9, 294 

52. Charter by John Fraser, lord of Ardendracht, to his kinsman Alex- 

ander Fraser, son of umquhile Duncan Fraser, lord of Tulyfour, of 



ABSTRACT OF CHARTERS IN APPENDIX. 325 

PAGE 

the lands of the half davach of Ardendracht, in liferent, lying on 
the south side of the' lands of Ardendracht : To be held of the 
granter and his heirs during the lifetime of the grantee. Dated at 
Aberdeen, 31st January 14L3-14, 295 

53. Kesignation by Margaret Fraser, lady of Ardendracht and Auchleuchry, 
in her pure widowhood, of the lands of Ardendracht and Auchleuchry, 
with the pertinents, in the hands of Patrick lord of Glammis and of 
the barony of Belhelvie, of whom the lands were held in chief. 
Dated at Slains, 16th December 1440, 295 



V.— ABERNETHY CHARTERS. 

54. Charter by King David the Second to William de Abernethy, knight, 

for his faithful service, of the lands of Rothiemay, in the shire of 
Banff, which had fallen to the crown through the forfeiture of umquhile 
David de Strathbolgy, knight, the king's enemy and rebel, who was 
slain in battle : To be held by the said William and his heirs, of the 
king and his heirs, in fee, heritage, and free barony, for giving three 
suits at the three head courts of the shire of Banff yearly, and a pair 
of gilt spurs to the king and his heirs, at Rothiemay, at Whitsunday 
yearly, if asked only. Further, the king grants the foresaid lands in 
free warren for ever, and that the grantee and his heirs should not be 
answerable for any burdens, save only on one davach. Dated at 
Elgin, 22d November [1345], 296 

55. Instrument of Sasine, proceeding on a brieve from the Chancery of 

King James the Third, dated 7th March 1 460-1, in favour of William 
de Abernethy, as son and heir of umquhile Sir Laurence, Lord 
Abernethy in Rothiemay, knight, in the lands of the lordship of 
Saltoun, in the constabulary of Haddington and shire of Edinburgh. 
Sasine is given by delivery of earth and stone, and enclosing the said 
William in the hall of the principal messuage. Dated 13th March 
1460-1,. 297 



326 ABSTRACT OF CHARTERS IN APPENDIX. 

PAGE 

56. Charter by King James the Third, under the Great Seal, granting to 

William Lord Abernethy in Rothiemay the lands of Rothiemay, 
in the shire of Banff; Redy, in the shire of Forfar; Dalgathy, 
in the shire of Fife ; Dalders, in the shire of Stirling ; Glencors, 
in the shire of Edinburgh ; Salton, in the shire of Edinburgh 
and constabulary of Haddington ; Lileston and Ugistoune in the 
lordship of Lauderdale and shire of Berwick ; and of Prenderlaith, in 
the shire of Roxburgh : which all belonged heritably to the said 
William, and were resigned by him into the king's hands at Edin- 
burgh : To be held by the grantee and the heirs-male of his body ; 
whom failing, by James, George, and Archibald, brothers of the said 
William Lord Abernethy, successively, and the heirs-male of their 
bodies ; whom failing, by John Abernethy, son of Oswald Abernethy, 
and the heirs-male of his body ; whom failing, by the nearest heirs 
whatsoever of the said William bearing the name and arms of Aber- 
nethy, of the king and his successors, in fee and heritage for ever. 
Dated at Edinburgh, 28th January 1463-4, 299 

57. Charter by King James the Third, under the Great Seal, to William 

Lord Abernethy in Rothiemay, of the baronies of Rothiemay, Corn- 
carne, Redy, Glencorse, and Prenderlaith, and of the lands of Dal- 
gathy, Daldres, Saltoun, Lylstoun, and Ugistoun, which belonged to 
the said lord heritably, and were resigned by him into the king's 
hands at Inverness : To be held by him and the heirs-male of his 
body, whom failing, by the heirs mentioned in the preceding charter 
(No. 56, supra), of the king and his successors, in fee and heritage ; 
reserving a reasonable terce to his spouse. Dated at Inverness, 5th 
August 1464, 300 

58. Charter by King James the Third, under the Great Seal, to his cousin 

and councillor William Lord Abernethy in Rothiemay, of the lands 
of the baronies of Rothiemay and Cornecarne, in the shire of Banff ; of 
the barony of Redy, in the shire of Forfar ; the lands of Dalgathee, in 
the shire of Fife ; Daldres, in the shire of Stirling ; the lands of the 



ABSTRACT OF CHARTERS IN APPENDIX. 327 

PAGE 

barony of Glencorse, in the shire of Edinburgh; of the barony of 
Saltoun, in the same shire and constabulary of Haddington; the lands 
of Lielston and Ugston, in the shire of Berwick and bailliary of 
Lauderdale ; the lands of the barony of Prenderlaith, in the shire of 
Eoxburgh ; all which belonged to the said William heritably, and 
were resigned by him personally into the king's hands at Edinburgh ; 
and which the king, for the singular favour he bore him, herewith 
erects into one free barony, to be called in all time coming the Barony 
of Abernethy in Rothiemay : To be held by the grantee and the 
heirs-male of his body ; whom failing, by James his brother ; whom 
failing, by George his brother, and the heirs-male of their bodies ; 
whom failing, by the heirs-male of the deceased Archibald of Aber- 
nethy ; whom failing, by John, son of Oswald of Abernethy, and the 
heirs-male of his body ; whom all failing, by the nearest heirs-male 
whomsoever of the said William, bearing the name and arms of 
Abernethy ; of the king and his successors, for ever, for rendering 
such services in the Sheriff-court of Banff only, as he or his suc- 
cessors had previously rendered in the shires of Banff, Forfar, etc. 
Dated at Edinburgh, 10th January 1482-3, 303 

59. Retour of Special Service of James Abernethy as heir to William 
Lord Abernethy in Rothiemay, his brother-german, in the lands and 
baronies of Abernethy in Rothiemay, Cornecarne, etc., all united into 
the barony of Abernethy in Rothiemay ; which lands and baronies 
had been in the king's hands about four months, since the death of 
the said William. Expede in the Tolbooth of Edinburgh, 10th 
October 1488, 305 



328 



SEALS OF ERASERS AND FRASER CONNECTIONS. 





No. 3. 




No. 



No. 6 



1. Richard Fraser, ante 1276. 

2. Sir Richard Fraser, 1297. 

3. Sir Andrew Fraser, 1297. 

4. William Fraser, Bishop of St. Andrews, 

1279-1297. Seal as Metropolitan. 




5. William Fraser, Bishop of St. Andrews, 

1279-1297. Episcopal Seal. 

6. Sir Simon Fraser (filius), 1297. 

7. Banner of Sir Simon Fraser (filius), 1300. 
S. William Fraser, 1296. 



SEALS OF FRASERS AND FRASER CONNECTIONS. 



329 






No. 9. 



No. 10. 



No. 11. 





No. 12. 



No. 13. 






No. 14. 



No. IE 



No. 16. 



9. Sir Alexander Fraser, Chamberlain of Scotland, 1 320. 

10. Margaret Fraser, 1392. 

11. Sir James Fraser of Frendraught, 1371. 

12. Euphernia Countess of Ross, 1381. 

13. Hugb de Ross, Lord of Philortb, 13G5. 

14. James Fraser of Frendraught, 1402. 

15. Janet Dunbar, Countess of Moray, 1454. 

16. Alexander Fraser, Master of Saltoun, 1676. 



VOL. II. 



2 T 



330 



8EALS OF FRASERS AND FRASER CONNECTIONS. 





No. 17. 



No. IS. 




No. 19. 





No. 20. 



No. 21. 



17. Sir Alexander de Abernethy, 1292. 

IS. Sir George Abernethy, fourth of Saltoun, circa 1360. 

19. Alexander Abernethy, afterwards fourth Lord Saltoun, ante 1512. 

20. Hugh Fraser of Lovat and Kinnell, 1390. 

21. John Dunbar, Earl of Moray, 1390. 



331 



SIGNATURES OF FRASERS AND ABERNETHIES. 



No. 1. 




Ho.,. * J 



No. 5. 




No. 6. 

1. John Abernethy, eighth Lord Saltoun, 1595. 

2. Dame Margaret Stewart, Lady Saltoun, widow of seventh Lord, 1595. 

3. Sir Alexander Fraser of Philorth and Fraserburgh, 1595. 

4. Alexander Fraser, younger of Philorth, 1595. 

5. Hon. Margaret Abernethy, wife of Alexander Fraser, younger of Philorth, 1595. 

6. Simnn Lord Fraser of Lovat, 1595. 



332 



SIGNATURES OF FRASERS AND ABERNETHIES. 




1. Alexander Fraser, elder of Philorth, afterwards tenth Lord Saltoun, 1652. 

2. Alexander Fraser, younger of Philorth, 1652. 

3. Lady Anne Kerr, first wife of Alexander Fraser, younger of Philorth, 1652. 

4. Dame Marion Cunningham, Countess of Findlater, second wife of Alexander Fraser, 

younger of Philorth, 1660. 

5. Lady Sophia Erskine, third wife of Alexander Fraser, younger of Philorth, after- 

wards Master of Saltoun, 1663. 

6. Alexander Fraser, younger of Philorth, and Master of Saltoun, 1676. 



SIGNATURES OF FEASERS AND ABERNETHIES. 



333 



SahfW-—. <P%Jmmr 



No. 1. 



No. 2. 




No. 4. 




(^iraj'^r: (QclS/vuH 



No. 6. 



No. 7. 




CLflj VI 





No. S. 

1. Alexander Fraser, tenth Lord Saltoun, 1683. 

2. William Fraser, Master of, afterwards eleventh Lord Saltoun, 16S3. 

3. Margaret Sharpe, wife of William Master of Saltoun, 1083. 

4. William Fraser, eleventh Lord Saltoun, 1709. 

5. Hon. Helen Fraser, daughter of William eleventh Lord Saltoun, married John 

Gordon, younger of Park, 1709. 

6. Alexander Fraser, Master of, afterwards twelfth Lord Saltoun, 1707. 

7. Alexander Fraser, twelfth Lord Saltoun, 1 7 IS. 

8. Lady Mary Gordon, wife of Alexander Master of, afterwards twelfth Lord Saltoun, 1707. 



334 



SIGNATURES OF FEASERS AND ABERNETHIES. 




W0LP- 



No. 1. 




No. 2. 




cs?za^£J?^ 



No. 3. 








No. 4. 




No. 5. 

1. George Fraser, fourteenth Lord Saltoun, 1756. 

2. Alexander Fraser, fifteenth Lord Saltoun, 1784. 

3. Marjory Fraser, wife of Alexander fifteenth Lord Saltoun, 17S4. 

4. Simon Fraser of Ness Castle, 17S4. 

5. Alexander George Fraser, sixteenth Lord Saltoun, 1S15. 



SIGNATURES OF SOVEREIGNS, REGENTS, ETC. 



335 




j^aP? 



No. 2. 



No. 3. 




{ a*neggo 




No. 4. 



No. 5. 




No. 6. 




No. 



1. James Earl of Morton, Regent, 1575. 4. King James the Sixth, 1602. 

2. King James the Sixth, 15S8. 5. King Charles the Second, 1651. 

3. King James the Sixth, 1596. 6. John second Earl of Lauderdale, 164S. 

7. John second Earl of Lauderdale, 1663. 



336 



SIGNATURES OF NOBLEMEN, RELATIONS, ETC. 




No. 1. 





No. 2. 



No. 3. 




(^^grTtajuire^ 



No. 4. 



No. 5. 




SPff/fZ&f 



1. James first Duke of Hamilton, 1648. 4. John Earl of Crawford and Lindsay, 1648. 

2. James first Earl of Calander, 1648. 5. John first Earl of Traquair, 1648. 

3. William Earl of Lanrick, 164S. 6. Earl of Lothian, 1652. 

7. James Lord Killmares, 1660. 



SIGNATURES OF NOBLEMEN, RELATIONS, ETC. 



337 



'Ttrj'/tify 




p^f^r 



No. 2. 




No. 4. 



(yU&cLum 



No. 6. 





f»QYhl — 



No. S. 



No. 7. 




CWtOU-Olr^J 



No. 9. 



jg^zf0^;> 




1. William Earl of Glencairne, 1GG0. 
•2. Lord Tester, 1663. 

3. Earl of Kellie, 1663. 

4. Earl of Tweeddale, 1663. 

5. William Lord Newbattle, 1683. 

6. Earl of Aberdeen, 1707. 

VOL. II. 



No. 10. 

7. Lord Haddo, 1707. 

S. Sir John Gilmour, Lord President of Court 

of Session, 1663. 
9. Thomas Otterburne of Reidhall, 1595. 
10. Sir Alexander Erskine of Cambo, Lyon 

King-of-Arms, 16S3. 

2 u 



338 



SIGNATURES OF NOBLEMEN, RELATIONS, ETC. 




No. 1. 




^n. \ 



^2^*£S 



No. 2. 



H^lIm (/v/wcre/t 




No. 3. 




+m» t sf y 



o~y\ 



<\ ^ O r reuy?T^ \ 



No. 4. 



No. 5. 



1. Sir "William Sharp of Scotscraig, 16S3. 

2. Sir William Sharp of Staniehill, 16S3. 

3. Helen Moncreif, widow of Archbishop Sharpe, 16S3. 

4. Sir John Gordon of Park, 1709. 

5. James Gordon, younger of Park, 1709. 



END OF THE SECOND VOLUME. 



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